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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: Lex Loci Delicti

In a cross-border car accident case, Alex, a Philippine resident, and Ben, a foreign national, were involved in a collision in Japan. Alex suffered severe injuries and wants to file a lawsuit for damages. The key issue is determining which country's laws should apply in this situation.

Discuss the concept of Lex Loci Delicti and its application in the given scenario. Identify the factors that the court would consider in determining the applicable law and explain the potential impact of the choice of law on the outcome of the case.

How would the Philippine court determine whether to apply Philippine law or Japanese law in this cross-border car accident case? Explain the relevant principles and provide a well-reasoned analysis.

Consider the following aspects:

  1. The conflict of laws approach in the Philippines
  2. The nature of Lex Loci Delicti and its significance in determining the applicable law
  3. The potential application of the Doctrine of Renvoi
  4. The possible application of the Doctrine of Processual Presumption
  5. The impact of the choice of law on the outcome of the case



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Bar Review Question: Choice of Law: Lex Loci Delicti In a cross-border car accident case, Alex, a Philippine resident,