Monday, January 9, 2012

what is PROCESSUAL PRESUMPTION?

The presumption that, in the absence of proof, the foreign law is the same as the law of the forum, is known as processual presumption which has been applied by this Court in the cases of Lim v. The Insular Collector of Customs, 36 Phil, 472 (1917); International Harvester Co. in Russia v. Hamburg-American Line, 42 Phil. 845 (1918); Miciano v. Brimo, 60 Phil, 867 (1924); and Rayray v. Chae Kyung Lee, G.R. No. L-18176, October 26, 1966,18 SCRA 450.

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