DOCTRINE OF PROCESSUAL PRESUMPTION & PUBLIC POLICY - 44 PJP 21

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  1. RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “Doctrine of Processual Presumption and Public Policy,” 44 PJP 21, available at <insert link> (last accessed on <date>).
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The doctrine of processual presumption has an impact on the forum’s appreciation of evidence.

I humbly submit that the doctrine of processual presumption has two parts. They are what this humble work calls: (a) the allegata part and (b) the probata part.

The allegata part states that foreign laws are a question of fact. They must be alleged and proved. Courts cannot take judicial notice of foreign laws; thus, they must be proved in evidence in the same manner, as provided under the Rules of Court, as other questions of fact.

The probata part states that, in the absence of sufficient evidence of the existence and contents of foreign law, said foreign law shall be presumed to be the same as Philippine laws. Thus, the doctrine of processual presumption comes in.

Hence, before the forum proceeds to the choice of law stage in resolving a conflicts case, it must first receive evidence of proof of foreign law. Otherwise, there is nothing much to choose from as the starting point in the eyes of Philippine courts is Philippine law. It is only when the existence of foreign law has been proved that it can be considered in choosing the applicable law (lex causae). Absent such proof, Philippine law not only stays as the starting point but also prevails as the applicable law.

In appreciating evidence presented before it, the forum must take into account the procedure provided for by the Rules on Evidence in proving a foreign law. If there is no objection to the presentation of improper evidence – such as testimonial proof of written foreign law, the next question for the court is the probative weight of the pieces of evidence presented, whether testimonial, documentary, or object evidence.

Public policy has an important role in the application foreign laws in the Philippines.

In determining whether a foreign law should be applied in a conflicts dispute, the forum must be guided by the forum state’s public policies because a foreign law, even a foreign judgment, that contravenes the public policy of the forum must be slain on sight.

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