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 ▸ a. Lex Nationalii

Question

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

Scenario:

David, a Filipino citizen, entered into a contract with Justin, a US citizen, for the purchase of a property located in the Philippines. A dispute arose between them regarding the interpretation and enforcement of the contract. David filed a lawsuit against Justin in the Philippines.

During the proceedings, the issue of choice of law came up. Both parties argued that their respective country's laws should apply. The court is tasked to determine which law governs the contract.

Discuss and analyze the following:

What is the significance of the doctrine of lex nationalii in determining the applicable law in this case?
Under the doctrine of renvoi, how would the court determine the applicable law if it applies?
Explain the doctrine of processual presumption and its implications in determining the applicable law in this case.

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