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 the Doctrine of Renvoi

Scenario:

Emma, a Filipino citizen, married James, a Canadian citizen, in the Philippines and subsequently moved to Canada to live with him. After living in Canada for several years, their marriage encountered irreconcilable differences, leading to a divorce. Emma then returned to the Philippines and sought to have her divorce recognized and the effects of the divorce implemented in her home country.

Question:

Which law will the Philippine court apply in determining the validity and effects of Emma and James' divorce? Discuss the applicability of the doctrine of renvoi in this case and its impact on the choice of law. Does the doctrine of processual presumption have any effect on the choice of law in this situation? Explain your answer.

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