(Total 10%)
(a) What are the rules on the recognition and enforcement of foreign judgments in our courts? (6%)
(b) Can a foreign arbitral award be enforced in the Philippines under those rules? Explain briefly. (2%)
(c) How about a global injunction issued by a foreign court to prevent dissipation of funds against a defendant therein who has assets in the Philippines? Explain briefly. (2%)
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Keywords
- demurrer (1)
- foreign judgment (1)
- hearsay (1)
- mandamus (1)
- pendency (1)
1 comment:
I.
a.
The rules on the recognition and enforcement of foreign judgment in our courts are the following:
1. The foreign judgment must not be contrary to our laws;
2. The country which rendered the judgment must have diplomatic relations with the Philippines;
3. The Philippines and the country which rendered the judgment must be signatories to a treaty or international agreement which served as the basis of the judgment;
4. The foreign judgment must be of such nature as will allow our courts to enforce the judgment effectively;
5. An action has to be filed in our courts for the enforcement of the foreign judgment.
b.
Yes, because an arbitral award, foreign or not, has the effect and authority of a judgment.
c.
Our courts are not automatically enjoined to enforce a global injunction issued by a foreign court to prevent dissipation of funds against a defendant who has assets in the Philippines. An action to enforce such injunction still has to be filed in our courts.
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