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 and Doctrine of Renvoi

Scenario:

An international couple, Maria (Filipino citizen) and John (American citizen), got married in the Philippines. They later moved to the United States and have been residing there for several years. They are now planning to get a divorce due to irreconcilable differences. However, they cannot agree on which country's law should govern their divorce.

Question:

In determining the choice of law for their divorce, Maria argues that Philippine law should apply based on the principle of lex nationalii. John, on the other hand, contends that U.S. law should apply since they are currently residing in the United States. Discuss the validity of Maria's argument and explain whether the Doctrine of Renvoi applies in this situation.

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