Report On Enforcement of Foreign Judgment, Choice of Law and Jurisdiction

Report on Enforcement of
Foreign Judgment, Choice of

Law and Jurisdiction
ASTIVE, Kia
CAMBALIZA, Tzarlene
RABUTAZO, Zymond
RICAPLAZA, Dana Denisse
SANTIAGIO, Emily
SUMAGUE, Abigael
Foreign Judgment
• all decisions rendered outside the forum and

encompasses judgments, decrees and orders of court of
foreign countries as well as those of sister states in a
federal system of government
Theories that Justify the
Application of the Foreign Law
• The theory of comity

• No foreign law would be allowed to operate in another state
except by “the comity of nations”
• The vested-rights theory
• Our courts enforce not the foreign law or foreign judgment
but the right or rights that have been vested under such law or
judgment. Rights once acquired under a foreign law or
judgment should be enforced regardless of where the suit for
its enforcement was filed
Theories that Justify the
Application of the Foreign Law
• The theory of local law

• We apply a foreign law not because it is foreign, but because our own
law by applying a similar rule requires us to do so; hence, it is as if
the foreign law has become part of our own internal or domestic law
• The theory of harmony of laws
• Identical or similar problems should be given identical or similar
solutions thus resulting in harmony of laws
• The theory of Justice
• Since the purpose of all laws, including Conflict of Laws, is the
dispensation of justice, the proper foreign law should be applied in
order to attain this objective.
Sources of Law
• Sec. 48, Rule 39, 1977 Rules on Civil Procedure

• Effect of foreign judgments or final orders. — The effect of a
judgment or final order of a tribunal of a foreign country,
having jurisdiction to render the judgment or final order is as
follows:
• In case of a judgment or final order upon a specific

thing, the judgment or final order, is conclusive upon
the title to the thing, and
Sources of Law
• In case of a judgment or final order against a person,

the judgment or final order is presumptive evidence of
a right as between the parties and their successors in
interest by a subsequent title.
• In either case, the judgment or final order may be repelled by
evidence of a want of jurisdiction, want of notice to the party,
collusion, fraud, or clear mistake of law or fact.
Sources of Law
• Art. 8 of the Civil Code

• Judicial decisions applying or interpreting the laws or the
Constitution shall form a part of the legal system of the
Philippines
Limitation period for enforcement
of a foreign judgment
• Under Art. 1144(3) of the Civil Code, an action upon a

judgment must be brought within 10 years ‘from the
time the right of action accrues’.
• The right of action commences to run from the date of
finality of the foreign judgment (PNB v Bondoc, 14
SCRA 770 (1965))
Type of Enforceable Order
• Section 48, Rule 39 of the Rules of Court does not

limit the foreign judgment, whether in an action in
rem or in personam, to a particular type. Therefore,
any remedy ordered by a foreign court may be
enforceable in the Philippines.
• There is a requirement that the judgment be final,
interim injunctions will not be enforceable.
Competent Courts
• Regional Trial Court has jurisdiction over cases

seeking enforcement of foreign judgments (Sec. 19(6),
Blg 129 of the Batas Pambansa or the Judiciary
Reorganization Act of 1980, as amended)
Procedure of Enforcement
• Petition should be filed in the proper court attaching an

authenticated copy of the foreign judgment to be
enforced
• The decision of the regional trial court may be
appealed all the way to the Supreme Court
Procedure of Enforcement
• Thereafter, a motion for execution under section 1,

Rule 39 of the Rules of Court will be filed in the
regional trial court upon finality of the local judgment
recognizing the foreign judgment.
• Once the motion has been granted, the Philippine court
shall issue the writ of execution requiring the court’s
sheriff or other proper officer to enforce the writ
according to its terms (section 8, Rule 39 of the Rules
of Court).
Defenses to liability or to the scope of the
award entered in the foreign jurisdiction
• want of jurisdiction
• want of notice to the party
• collusion
• fraud
• clear mistake of law or fact
• contrary to public policy

Conditions or
Requirements before a
local court in the
Philippine can enforce
or recognize a foreign
judgment

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Report on Enforcement of

Foreign Judgment, Choice of

• all decisions rendered outside the forum and

• The theory of comity

• The theory of local law

• Sec. 48, Rule 39, 1977 Rules on Civil Procedure

• In case of a judgment or final order upon a specific

• In case of a judgment or final order against a person,

• Art. 8 of the Civil Code

• Under Art. 1144(3) of the Civil Code, an action upon a

• Section 48, Rule 39 of the Rules of Court does not

• Regional Trial Court has jurisdiction over cases

• Petition should be filed in the proper court attaching an

• Thereafter, a motion for execution under section 1,

• want of notice to the party

• clear mistake of law or fact

• contrary to public policy

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