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All ▸ Bar 2024 ▸ CIVIL LAW ▸ I. EFFECT AND APPLICATION OF LAWS ▸ M. Conflict of Laws (Civil Code, arts. 15-18) ▸ 2. Choice of Law, Doctrine of Renvoi, Doctrine of Processual Presumption ▸ d. Lex Loci Celebrationis

Question

Choice of Law, Doctrine of Renvoi, Doctrine of Processual Presumption

Manuel and Maria, both Filipino citizens, got married in New York, USA. They subsequently moved to the Philippines and decided to get divorced. Manuel filed for divorce in the Philippines, while Maria filed for divorce in the United States.

Assuming that the Philippines recognizes divorce obtained abroad, and the essential validity of the divorce is governed by the lex loci celebrationis, answer the following question:

  1. Which law governs the essential validity of Manuel and Maria's divorce? Explain and justify your answer.
  2. If the Doctrine of Renvoi is applied, how would it affect the choice of law in determining the essential validity of the divorce? Discuss.
  3. On the other hand, if the Doctrine of Processual Presumption is applied, how would it affect the choice of law in determining the essential validity of the divorce? Discuss.


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Bar Review Question: Choice of Law, Doctrine of Renvoi, Doctrine of Processual Presumption Manuel and Maria, both Filip