PHILIPPINES Law and Practice Contributed by: Elaine A. Atienza and Bianca Georgia T. Paloma, Villaraza & Angangco
witness takes the stand and is immediately subject to cross-examination by the opposing party. Cross- examination is a matter of right for all adverse par- ties. Witnesses are examined under oath, and the opposing party may test the witness’s credibility, prior statements, and the accuracy of their testimony. Re- direct examination and re-cross-examination are also allowed. Depositions of witnesses, including non-par- ty witnesses, may be taken before trial under the dis - covery provisions of the Rules of Court. Depositions may be used to preserve testimony for witnesses who may not be available at trial, or to impeach witness- es at trial whose testimony is inconsistent with their deposition statements. Hearsay evidence is generally inadmissible under Philippine evidence rules, subject to established exceptions such as the dying declara- tion, entries in official records, and the res gestae rule. 8.5 Expert Evidence Philippine courts recognise the admissibility of expert testimony where the subject matter requires special knowledge, skill, experience or training beyond the ordinary competence of the judge and the parties. Under Section 49 of the Revised Rules on Evidence, the opinion of a witness on a matter requiring exper- tise is admissible. Experts in Philippine proceedings are typically appointed and presented by the parties themselves, rather than by the court. Each party may retain its own expert witness and present the expert’s testimony through a judicial affidavit, subject to cross- examination by the opposing party. A foreign court judgment or final order may be enforced in the Philippines by filing a petition for enforcement with the RTC having jurisdiction. Foreign judgments are not automatically enforceable; they must first be recognised through a separate action. Under Section 48 of Rule 39 of the Rules of Court, a judgment or final order of a foreign tribunal may be enforced in the Phil- ippines after it has been recognised. The foreign judg- ment is treated as presumptive evidence of a right as between the parties and their successors-in-interest by a subsequent title, but this presumption may be rebutted. To commence recognition proceedings, the 9. Enforcement 9.1 Enforcement of Judgments
petitioner must prove the authenticity of the foreign judgment. Since a foreign judgment is a public docu- ment under the Rules of Evidence, it must be authenti- cated by the Philippine consular officer at the place of issuance or through apostille certification, consistent with the Hague Convention on Apostille to which the Philippines acceded in 2019. The Philippines is not a party to any bilateral treaty on mutual recognition of judgments. Recognition is therefore based solely on principles of comity, public policy, and the Rules of Court. 9.2 Enforcement of Arbitral Awards For domestic arbitral awards, the ADR Act and the Special ADR Rules provide a streamlined confirmation and enforcement process. A party seeking to enforce a domestic award files a petition to confirm the award with the RTC. Once confirmed, the award has the same effect as a final judgment of the court and is enforceable by a writ of execution. The grounds on which a court may vacate, correct or modify a domes- tic arbitral award are narrow, and are strictly limited to those enumerated in the Special ADR Rules: cor- ruption, fraud, undue means, arbitrator partiality, mis- conduct, excess of jurisdiction, or procedural failures. Courts may not revisit the merits of the dispute. For foreign arbitral awards, those made outside the Phil- ippines or deemed international commercial awards, enforcement is governed by the New York Convention, to which the Philippines acceded, as implemented by the ADR Act. A petition for recognition and enforce- ment is filed with the RTC designated as a Special Commercial Court. The grounds for refusing enforce- ment are: a defective arbitration agreement, improper notice or opportunity to be heard, an award beyond the scope of submission, the irregular composition of the tribunal, or conflict with Philippine public policy. 9.3 Length of Time The time required to complete enforcement proceed- ings in the Philippines depends on whether the judg- ment or award is opposed, the complexity of the matter, and the workload of the court. For recognition of foreign court judgments, an unopposed proceed- ing before the RTC typically takes approximately six months from filing to the issuance of a recognition order. If contested, the timeline extends to one to three years at the trial court level, with the possibility
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