Recognition and Enforcement of Foreign Judgement
Recognition and Enforcement of Foreign Judgement
JESBRUSARAM
matters determined in the former suit filed in against which a foreign judgement may be
a foreign judgement. executed.
Foreign judgement constitutes res judicata
and the issues raised in the foreign judgement
should not be re-litigated anew in another 5. RECOGNITION OF FOREIGN JUDGEMENT; RES
country. JUDICATA AS A BAR
Where a party in a foreign judgement files
another action in our country against the
other party therein, and the latter resist such
action by claiming that the foreign judgement
is a bar to such action, he is raising the
3. THEORIES ON RECOGNITION OF FOREIGN defense of res judicata.
JUDGEMENT
a. That the Cause of Action (COA) and the
judgement are merged – no need to re-
litigate the forum
b. That the CAUSE OF Action (COA) and the
judgement is not merged – the case has to Res Judicata rests on 2 grounds:
be re-litigated all over again.
1. Public policy and necessity – there must be
an end to litigation
4. RECOGNITION AND ENFORCEMENT OF
2. An individual should not be vexed twice for
FOREIGN JUDGEMENT DISTINGUISHED.
the same cause.
A foreign judgement may only be recognized *** the judgement on a specific thing is beyond
and enforced in the Ph when the LOSING the reach of another. ..
party is in the Ph or has property in the Ph,
JESBRUSARAM
The judgement over a specific thing is an Xxx
action in REM (binding to the whole world)
In either case, the judgment or final order may be
o If it is beyond the reach of another
repelled by evidence of a want of jurisdiction, want
court
of notice to the party, collusion, fraud, or clear
o Our courts will not disturb the
mistake of law or fact.
judgement.
The judgement over a person is in personam WHOSE LAW SHALL APPLY IN DETERMINING THAT
– the person against wohom it is rendered THE FOREIGN JUDGEMENT IS NOT VALID FOR; want
may overcome the presumption of liability (on of jurisdiction, want of notice to the party, collusion,
the grounds mentioned in section 48, Rule 39) or clear mistakes of law or fact?
SUMMARY
JESBRUSARAM