Renvoi Doctrine

 Also termed as the “table tennis theory” or “referring back”.

 Renvoi takes place when the conflicts rule of the forum makes a reference to a foreign law, but the foreign law is
found to contain a conflict rule that returns or refers the matter back to the law of the forum.
 This is often seen in cases of succession wherein a decedent, owning personal property in the Philippines, is a
foreign national. In such case, the foreign law shall govern.

Example Case:

Aznar vs. Garcia

G.R. No. L-16749, Jan. 3, 1963

FACTS: Edward Christensen, who at his death was a US citizen but domiciled in the Philippines, left a will, devising unto
Maria Helen a certain amount of money and giving the rest of his estate to Maria Lucy. Helen opposed the partition on
the ground that she is deprived of her legitime. Her contention is that the law of California directs that the law of the
domicile (Philippines) should govern the will.

ISSUE: Whether or not the national law or the domiciliary law should apply

RULING: The intrinsic validity of wills is governed by the national law of the decedent. In the present case, the national
law of Edward is the laws of California. However, there were two conflicting California laws regarding succession. One is
enunciated in In Re Kaufman (which does not provide for legitimes) and another is Art. 946 of the California Civil Code
(which provides that the law of the domicile applies). SC held that the national law is Art. 946, which is the conflict of
laws rule of California. The reason is that In Re Kaufman applies only to residents while Art. 946 is specific to non-
residents. Thus, since Art. 946 contains a refer-back to Philippine laws (the law of the domicile), then Maria Helen is
entitled to her legitime.

When foreign law, though applicable, may not be given application?

1. Foreign law contravenes prohibitive law or public policy of the forum

2. Relationship of the parties affects public interest
3. Real property is involved (apply lex rei sitae)
4. Foreign law, judgment or contract is contrary to a sound and established public policy of the forum
5. Foreign law is procedural in nature (lex fori governs procedural matters)
6. Foreign law is penal in nature

NOTE: For foreign laws and judgments be recognized in Philippine courts it must be alleged and proved. Otherwise the
Doctrine of Processual Presumption will apply, wherein the Philippine Court will assume that the foreign law is the
same as Philippine Laws.