Question

The given subject: Choice of Law, Doctrine of Renvoi, Doctrine of Processual Presumption

Scenario:

Marie, a Filipino citizen, filed a lawsuit in the Philippines against Pedro, a Spanish citizen, for breach of contract. The contract was signed in Spain, and it specified that Spanish law would govern any disputes arising from it.

During the proceedings, Pedro argued that Philippine law should not apply to the case because the contract expressly provides for the application of Spanish law. On the other hand, Marie insists that Philippine law should be applied as the Lex Fori, or the law of the forum.

Discuss the following:

1. Whether the Philippine court should apply the choice of law provision in the contract?
2. What is the doctrine of renvoi and how does it apply in this case?
3. What is the doctrine of processual presumption and how does it affect the choice of law analysis?
4. Should the Philippine court apply the Lex Fori? Provide reasons to support your answer.