CASES RE: Requirements/facts to be proven in a petition for enforcement of Foreign Judgement

1. Preliminary consideration No sovereign is bound to give effect within its dominion to a judgment rendered by a tribunal of another country1

2. Statutory Basis: Sec. 48, Rule 39, Rules of Court Effect of foreign judgements or final orders. The effect of a judgement or final order of a tribunal of a foreign country, having jurisdiction to render the judgement or final order is as follows: (a) In case of a judgment of final order upon a specific thing, the judgment or final order is conclusive upon the title to the thing; and (b) 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 want of jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law or fact.

3. Recognition A. Judgment of another State may not be directly enforced in the Philippines. A separate action must be filed in the Philippines for the foreign judgment to be recognized or enforced. B. The Philippine courts must be convinced that there has been opportunity for a full and fair trial abroad before a court of competent jurisdiction C. A foreign judgment will not be enforced or recognized when it runs counter to laws which have for their object public order, public policy and good customs.

In this jurisdiction, a valid judgment rendered by a foreign tribunal may be recognized insofar as the immediate parties the underlying cause of action are concerned so long as it is convincingly shown that there has been: an opportunity for a fair hearing before a court of competent jurisdiction;
1

Herrera (2007) Remedial Law Vol. II, p. 537

that the trial upon registered proceedings have been conducted, following due citation or voluntary appearance the defendant and under a system of jurisdiprudence likely to secure an impartial administration of justice; and that there is nothing to indicate either a prejudice in court and in the system of laws under which it is sitting or fraud in procuring the judgement2

4. Requirements and Procedure for Enforcement of a Foreign Judgement 1. Jurisdiction - the foreign tribunal must have jurisdiction to render the final judgement or order. If such tribunal has not acquired jurisdiction, its judgment is void.3 A foreign judgment may not be enforced if it is not recognized in the jurisdiction where the affirmative relief is being sought.4 2. Cause of action - Similar set of facts, but there is an essential difference in the right-duty correlatives that are sought to be vindicated.5 Actionable issues: review of jurisdiction of the foreign court, service of personal notice, collusion, fraud, mistake of fact or law6 3. Action for Recognition of the Foreign Judgment - to execute a foreign judgment in the philippines, it is necessary that an action founded on the same be first presented.7 4. Answer/Motion to dismiss - In case defendant wishes to interpose the foreign judgment as a defense of res judicata. 5. Adverse party must be given opportunity to Repel or Impeach Foreign Judgment - A foreign judgment against a person is merely presuimptive evidence of a right between the parties and rejection thereof may be repelled, among others, by evidence of want of jurisdiction.8 In either case, whether the judgment is in personam or in rem 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.

Asiavest Merchant Bankers MO Berhad vs. Court of Appeals, G.R. No. 110263, July 20, 2001, per Justice Sabino De Leon, citing Jovito R. Salonga, Private International Law, p. 543 3 Asiavest Limited vs. Court of Appeals, 296 SCRA 529, GR No. 128803, September 15, 1998 4 Hang Lung Bank, Ltd. vs. Saulogm, 201 SCRA 147 5 Mijares vs. Javier, G.R. No. 139325, April 12, 2005 6 Ibid. 7 Perkins vs. Benguet Consolidated, 50 O.G. 3089, 93 Phil. 1034 8 Borthwick vs. Castro-Bartolome, 152

5. Proof of foreign judgement. Before a foreign judgement is given presumptive evidentiary value, the document must first be presented and admitted in evidence. Requisite for the admissibility of a copy of a foreign official documents are (a) it must be attested by the officer having legal custody of the records or by his deputy, and (b) it must be accompanied by a certificate of the Philippine diplomatic or consular representative to the foreign country certifying that such attesting officer has custody of tthe document. The latter requirement is not a mere technicality but is intended to justify the giving of full faith and credit to the genuineness of a document in a foreign country.9 Requirements for admissibility in evidence of a foreign public document: Section 24. Proof of official record. The record of public documents referred to in paragraph (a) of Section 19, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by his deputy, and accompanied, if the record is not kept in the Philippines, with a certificate that such officer has the custody. If the office in which the record is kept is in foreign country, the certificate may be made by a secretary of the embassy or legation, consul general, consul, vice consul, or consular agent or by any officer in the foreign service of the Philippines stationed in the foreign country in which the record is kept, and authenticated by the seal of his office. (25a) Section 19. Classes of Documents. For the purpose of their presentation evidence, documents are either public or private. Public documents are: (a) The written official acts, or records of the official acts of the sovereign authority, official bodies and tribunals, and public officers, whether of the Philippines, or of a foreign country; XXX

Valencia vs. Lopez, (CA), 65 OG 9959