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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 Presumptiond. Lex Loci Celebrationis

Question

Choice of Law: Doctrine of Renvoi and Doctrine of Processual Presumption - Lex Loci Celebrationis

Scenario

In a civil case involving a marriage dispute between two Filipino citizens, Juan and Maria, who got married in France, the issue of the validity of their marriage ceremony arises. Juan claims that their marriage is null and void because the French law, which governed their marriage based on the doctrine of lex loci celebrationis, does not recognize their marriage due to a procedural deficiency. On the other hand, Maria contends that their marriage is valid under Philippine law, as they complied with the formalities required under Philippine law.

Based on the scenario given, analyze and discuss the following:

  1. What is the doctrine of lex loci celebrationis and how does it apply in determining the validity of a marriage in the Philippines? Cite relevant laws and jurisprudence.
  2. Explain the doctrine of renvoi and its relevance in this case. Discuss how it affects the determination of the validity of the marriage based on the applicable law.
  3. Discuss the doctrine of processual presumption and its implications in this situation. How does it impact the determination of the validity of a foreign marriage under Philippine law?



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Bar Review Question: Choice of Law: Doctrine of Renvoi and Doctrine of Processual Presumption - Lex Loci Celebrationis