CHAPTER IV

THE NATURE AND PROOF OF FOREIGN JUDGMENTS

RECOGNITION
of Foreign Judgment

ENFORCEMENT
of Foreign Judgment

Courts will allow said

foreign judgment to be
presented as a defense to
a local litigation (the
defense of res judicata)

Exists when a plaintiff wants

the courts to positively carry
out and make effective in the
Phils. A foreign judgment

Involves merely the sense

of justice

Implies a
sovereignty

Does not require either

action
or
a
special
proceeding

Necessitates
a
separate
action or proceeding brought
precisely to make the foreign
judgment effective

May
exist
enforcement

Necessarily carries with its

recognition

without

direct

act

of

REASON WHY NOT ALL FOREIGN JUDGMENTS

CAN BE RECOGNIZED OR ENFORCED IN OUR COUNTRY
-

The requisite proof thereof may not be adequate

They may contravene our established public policies;
They may contradict one another; we cannot be guided by
contradictions;
In some countries, the administration of justice may be
shockingly corrupt.

CONDITIONS AND REQUISITES FOR ENFORCEMENT

OF FOREIGN JUDGMENT
a. There must be proof of the foreign judgments
b. The judgment must be on a civil or commercial matter (because

if on a criminal or revenue or administrative or remedial matter,

the same would fall under the exceptions to the application of
the foreign law)
c. There must be no lack of jurisdiction, no want of notice, no
collision, no fraud, no clear mistake of law or fact.
d. The judgment must not contravene a sound and established
public policy of the forum.
o Example:

Unfaithful mother awarded by the U.S. Court

custody of her child, was denied said custody by
our Phil. Courts

e. The judgment must be RES JUDICATA in the state that rendered

it.
o Requisites:

Judgment must be FINAL;

The court rendering the judgment must have

JURISDICTION over the subject matter and the
parties;

The judgment must be on the MERITS;

There must be IDENTITY of parties, of subject

matter, and of cause of action
o Except:

RULES OF COURT PROVISIONS

That with reference to the last,

the real cause of action is now
the recognition or enforcement
of the foreign judgment on the
original cause of action.

Rule 39, Section 50 of the RULES OF COURT

o Effect of Foreign Judgment

In case of judgment against a specific thing

o The judgment is conclusive upon the
title of the thing

In case of judgment against a person

o The
judgment
is
presumptive
evidence of a right as between the
parties and their successor in interest
by a subsequent title
o The judgment may be repelled by
evidence of a want of jurisdiction,
want or notice to the party, collusion,
fraud, or clear mistake of law or fact.