Question

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

Scenario 1:

John, a resident of Manila, was involved in a car accident while on vacation in Cebu. The other driver involved in the accident, Maria, is a resident of Cebu. Both parties sustained injuries and incurred damages. John wants to file a lawsuit against Maria to claim compensation for his injuries and damages.

Based on the doctrine of Lex Loci Delicti, which law should the court apply to determine the substantive rights and liabilities of the parties? Explain your answer.

Scenario 2:

Maria, a Filipino citizen, entered into a contract with John, a foreign national, for the sale of a property located in the Philippines. The contract specifies that any disputes arising from the contract shall be resolved through arbitration. However, Maria argues that the doctrine of Processual Presumption should be applied, and the court should follow Philippine laws on arbitration instead of the chosen law specified in the contract.

Discuss the applicability of the doctrine of Processual Presumption in relation to the choice of law in this scenario. Support your answer with relevant legal provisions and principles.