All ▸ Bar 2024 ▸ CIVIL LAW ▸ I. EFFECT AND APPLICATION OF LAWS ▸ M. Conflict of Laws (Civil Code, arts. 15-18) ▸ 2. Choice of Law, Doctrine of Renvoi, Doctrine of Processual Presumption ▸ d. Lex Loci Celebrationis

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Subject: Choice of Law - Lex Loci Celebrationis

Alice and Bob, both Filipino citizens, got married in Japan. After a few years, they decided to separate and file for divorce. Alice filed for divorce in the Philippines, while Bob filed for divorce in Japan. Alice contends that Philippine law should govern the dissolution of their marriage, as both parties are Filipino citizens. On the other hand, Bob argues that Japanese law should apply, since they were married in Japan.

Based on the principle of Lex Loci Celebrationis:

Which country's law should govern the divorce proceedings between Alice and Bob? Explain.
Will the Philippine court recognize the divorce decree granted by the Japanese court? Explain.

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