Question

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

Scenario:

Juan, a resident of the Philippines, was involved in a car accident while on vacation in Japan. The accident occurred due to the negligence of a Japanese driver. Juan sustained serious injuries and incurred significant medical expenses as a result.

In seeking compensation for his injuries and expenses, Juan filed a lawsuit against the driver in a Philippine court. The issue that arises is the determination of the applicable law to govern the case, specifically with regard to the principle of lex loci delicti (law of the place where the tort occurred).

Given the facts of the case, discuss the following:

1. Explain the doctrine of lex loci delicti.
2. How does the choice of law doctrine apply in determining which jurisdiction's law should govern this case?
3. Discuss the doctrine of renvoi and its potential relevance in this case.
4. Explain the doctrine of processual presumption and its effect on the determination of the applicable law.