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 ▸ g. Lex Loci Delicti

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Subject: Choice of Law, Doctrine of Renvoi, Doctrine of Processual Presumption

Consider the following scenario:

John, a resident of the Philippines, was involved in a car accident while on vacation in Australia. The accident occurred due to the negligence of the other driver, Steve, who was an Australian citizen. John sustained significant injuries and incurred substantial medical expenses as a result of the accident.

Based on the principle of lex loci delicti, which governs the determination of applicable law in tort cases, analyze and discuss the following:

What is the specific rule under lex loci delicti that determines the applicable law?
Which laws would govern the determination of liability for the car accident in this scenario?
Assuming that the Australian law provides for higher damages in personal injury cases compared to Philippine law, can John avail of the higher damages in his claim against Steve?
Explain how the doctrines of renvoi and processual presumption may affect the resolution of this case.

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