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AllBar 2024CIVIL LAWI. EFFECT AND APPLICATION OF LAWSM. Conflict of Laws (Civil Code, arts. 15-18)2. Choice of Law, Doctrine of Renvoi, Doctrine of Processual Presumptiong. Lex Loci Delicti

Question

Choice of Law: Doctrine of Renvoi, Doctrine of Processual Presumption, Lex Loci Delicti

Alice, a Filipino citizen, was involved in a car accident while on vacation in Japan. The accident resulted in injuries to both Alice and the other party involved. Alice decided to file a lawsuit in the Philippines seeking damages for her injuries. During the legal proceedings, the question arose as to which law should govern the case. The parties disagreed on whether the lex loci delicti doctrine should be applied, or if the doctrine of processual presumption should be invoked. The court sought your opinion as the legal expert on the matter.

Based on the given scenario, discuss the following:

  1. Explain the doctrine of lex loci delicti and its application in determining the applicable law in a tort case.
  2. Discuss the doctrine of processual presumption and how it affects the choice of law in international cases.
  3. Analyze and evaluate which doctrine should be applied in Alice's case, considering the facts and the parties involved.



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Bar Review Question: Choice of Law: Doctrine of Renvoi, Doctrine of Processual Presumption, Lex Loci Delicti Alice, a F