i. Doctrine of Processual Presumption

Non-applicability to foreign laws

Ignorance of a foreign law is a mistake of fact. There is no presumption of knowledge of foreign laws. It must be alleged and proved as a matter of fact; otherwise, the doctrine of processual presumption will apply.

Doctrine of Processual Presumption

Also known as Presumed-identity approach; where a foreign law is not pleaded, or even if pleaded, is not proved, the presumption is that the foreign law is the same as Philippine Laws.

In international law, the party who wants to have a foreign law applied to a dispute or case has the burden of proving the foreign law. The foreign law is treated as a question of fact to be properly pleaded and proved as the judge or labor arbiter cannot take judicial notice of a foreign law. He is presumed to know only domestic or forum law. (ATCI Overseas Corporation, et al. v. Echin, G.R. No. 178551, October 11, 2010; See case of Del Socorro v. Wilsem G.R. No. 193707 December 10, 2014)

Three uses and applications of the doctrine

When applicable foreign law is not sufficiently pleaded and proved, it is presumed to be the same as Philippine law.