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Philippine Bar review · Question

Practice question: Lex Nationalis vs. Lex Domicilii

Multiple Choice Hard

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?
  1. The lawyer’s assertion conclusively proves foreign law
  2. Foreign law always proves itself
  3. The court must invent the foreign provision
  4. Foreign law must be properly pleaded and proved; absent sufficient proof, the applicable processual presumption treats it as the same as Philippine law
  5. 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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