Question

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

"Scenario:
Mr. Garcia, a Filipino citizen, and Ms. Lee, a Korean citizen, got married in Japan. They now reside in the Philippines. The couple plans to file for divorce and each party wishes to determine the applicable law for their divorce proceedings. Mr. Garcia wants to apply the lex loci celebrationis, which is the rule that the law of the place where the marriage was celebrated governs the validity of the marriage. On the other hand, Ms. Lee argues that the Philippines should apply the doctrine of renvoi, which refers the determination of the governing law back to the conflict of laws rules of the parties’ common nationality.

Q: Under Philippine law, which rule applies in determining the applicable law in this case - lex loci celebrationis or doctrine of renvoi? Discuss the legal basis and rationale for your answer.