Practice question
A party invokes foreign personal law in a Philippine case but offers only counsel’s assertions and no legally sufficient proof. It argues that identifying nationality automatically proves that country’s rules. In circumstances governed by the processual-presumption doctrine, what follows?
- The lawyer’s assertion conclusively proves foreign law
- Foreign law always proves itself
- The court must invent the foreign provision
- Foreign law must be properly pleaded and proved; absent sufficient proof, the applicable processual presumption treats it as the same as Philippine law
- Nationality makes evidence rules irrelevant
Legal references
- Testate Estate of Bambao, G.R. 237449, December 2, 2020: https://lawphil.net/judjuris/juri2020/dec2020/gr_237449_2020.html
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