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A.1 Doctrine of Processual Presumption

Orion Savings Bank v. Suzuki

Application Foreign laws to Sale of real property.

Sale of real property, located in the Philippines, by a foreign national, to another foreign national is
governed by the laws of where the real property is located.

lex loci rei sitae law on all matters concerning the title and disposition of real property are determined.

It is a universal principle that real or immovable property is exclusively subject to the laws of the country
or state where it is located. The reason is found in the very nature of immovable property — its
immobility. Immovables are part of the country and so closely connected to it that all rights over them
have their natural center of gravity there.

This general principle includes all rules governing the descent, alienation and transfer of immovable
property and the validity, effect and construction of wills and other conveyances.

This principle even governs the capacity of the person making a deed relating to immovable property, no
matter what its nature may be. Thus, an instrument will be ineffective to transfer title to land if the
person making it is incapacitated by the lex loci rei sitae, even though under the law of his domicile and
by the law of the place where the instrument is actually made, his capacity is undoubted.

Del Socorro V. Van Wilsem- The doctrine of processual presumption

Application Foreign laws to personal civil laws.

A foreign national, can use foreign family laws, apply to them, provided they can prove them in the
Philippines.

The doctrine of processual presumption shall govern. Under this doctrine, if the foreign law involved is
not properly pleaded and proved, our courts will presume that the foreign law is the same as our local
or domestic or internal law.

Since the law of the Netherlands as regards the obligation to support has not been properly pleaded and
proved in the instant case, it is presumed to be the same with Philippine law, which enforces the
obligation of parents to support their children and penalizing the non-compliance therewith.

Continental Micronesia, Inc v. Basso- forum non conveniens

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A foreign national, hired by a foreign employer, based in the Philippines, can have the labor laws of the
Philippines apply to the case. Note the contract of employment was made abroad.

Under the Doctrine of forum non conveniens, a Philippine court in a conflict-of-laws case may assume
jurisdiction if it chooses to do so, provided that the following requisites are met:

(1) that the Philippine Court is one to which the parties may conveniently resort to;

(2) that the Philippine Court is in a position to make an intelligent decision as to the law and the facts;

(3) that the Philippine Court has or is likely to have power to enforce its decision.

Kuroda v. Jalandoni generally accepted principle of international law

An executive order can implement a foreign convention that the Philippines is not a signatory to.

A generally accepted principle of international law, can be conformed with, by an executive order.

b. Art. 38 Statute of the International Court of Justice (Primary Source)

Article 38 1. The Court, whose function is to decide in accordance with international law such disputes
as are submitted to it, shall apply: a. international conventions, whether general or particular,
establishing rules expressly recognized by the contesting states ; b. international custom, as evidence of
a general practice accepted as law; c. the general principles of law recognized by civilized nations ; d.
subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified
publicists of the various nations, as subsidiary means for the determination of rules of law. 2. This
provision shall not prejudice the power of the Court to decide a case ex aequo et bond, if the parties
agree thereto.

The Court, whose function is to decide in accordance with international law such disputes as are
submitted to it, shall apply:

b. 1 International conventions or treaties.

b. 2 International custom as evidence of a general practice accepted as law.

b.3 General principles of law recognized by civilized nations.

b.4 Judicial decisions and teachings of most highly qualified publicists.

However, under Art. 59 of the ICJ, decisions have binding force only on the parties to the case.