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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

Alice, a Filipino citizen, and Bob, a Canadian citizen, got married in Canada. They have been living in the Philippines for the past five years. Unfortunately, their relationship has irretrievably broken down, and they have decided to file for divorce. Alice wants to obtain a divorce in the Philippines, while Bob wants to file for divorce in Canada. They seek legal advice to determine which country's law applies to their divorce.

Based on the principle of lex loci celebrationis, which refers to the law of the place where the marriage is celebrated, determine the applicable law in this situation and explain the possible implications for Alice and Bob.




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Bar Review Question: Choice of Law: Doctrine of Renvoi and Doctrine of Processual Presumption Alice, a Filipino citizen