Question

Kim and Rafael are residents of the Philippines. They entered into a contract for the sale of a real property located in Spain. A dispute arises between them regarding the validity of the contract. They decide to resolve their dispute through a legal proceeding in the Philippines.

In determining the applicable law to resolve the dispute, the court applies the lex rei sitae doctrine. Under this doctrine, the validity, nature, acquisition, and enjoyment of real property are governed by the law of the country in which the property is situated. However, the court also considers the doctrine of processual presumption.

Discuss the application of choice of law principles, specifically the doctrine of renvoi and the doctrine of processual presumption, in the context of the lex rei sitae doctrine. Analyze whether the court will strictly apply the law of Spain or consider the renvoi and processual presumption principles in deciding the dispute between Kim and Rafael.