Question

You are asked to provide legal advice to a client involved in a dispute over a contract for the sale of goods between a Filipino seller and a foreign buyer. The contract was entered into in the Philippines, but the buyer argues that the laws of their home country, which follow the doctrine of lex loci contractus, should apply. On the other hand, the seller believes that the laws of the Philippines should govern the contract based on the doctrine of lex domicilii.

Discuss the following scenarios:

1. The buyer argues that the doctrine of renvoi should be applied to determine which law should govern the contract. Advise the client on whether Philippine courts may apply the doctrine of renvoi in resolving the choice of law issue.
2. The buyer maintains that the doctrine of processual presumption should be applied to determine which law should apply. Explain the concept of the doctrine of processual presumption and its applicability in this situation.
3. Assuming that the Philippine law is determined to be applicable to the contract, discuss the specific provisions under the Philippine law that would govern the sale of goods.