Question

Scenario:

John, a Filipino citizen residing in the Philippines, enters into a contract with Mary, a U.S. citizen residing in the United States. The contract involves the sale of goods and includes a choice of law clause designating Philippine law as the governing law of the contract.

However, a dispute arises between John and Mary regarding the interpretation and performance of the contract. John argues that the choice of law clause should be disregarded, and U.S. law should apply instead.

Discuss the following issues:

1. Whether the choice of law clause designating Philippine law as the governing law is valid and enforceable;
2. Whether the Philippine court will apply the Doctrine of Renvoi in determining the applicable law; and
3. Whether the Doctrine of Processual Presumption should apply to resolve the dispute.