PHILIPPINES Law and Practice Contributed by: Ramon G. Songco, Anthony W. Dee, Ricardo Ma. P.G. Ongkiko and Russel L. Rodriguez, SyCip Salazar Hernandez & Gatmaitan
3. Foreign Judgments 3.1 Legal Issues Concerning Enforcement of Foreign Judgments The Philippines is not a party to any treaties or inter - national conventions governing the enforcement of foreign judgments. Foreign judgments are enforced in accordance with the Rules of Court. Since a for - eign judgment is based upon foreign law, the foreign law must generally be proved before local courts in accordance with the Rules of Court. The conclusiveness of the foreign judgment depends on its nature. A foreign judgment or final order upon a specific thing is generally conclusive upon title to the thing, whereas a foreign judgment or final order against a person is generally only presumptive evi - dence of a right as between the parties and their suc - cessors-in-interest by subsequent title. 3.2 Variations in Approach to Enforcement of Foreign Judgments The Philippines does not have a federal system and accordingly there is uniformity in the law and proce - dure within the jurisdiction in respect of the enforce - ment of foreign judgments. The Constitution requires the uniform application of the Rules of Court for all courts of the same grade, which is the primary source of law for the enforcement of foreign judgments. The Rules of Court apply in all courts, except as otherwise provided by the Supreme Court. 3.3 Categories of Foreign Judgments Not Enforced A foreign judgment may be impeached and not enforced if the party proves in the action for recogni - tion and enforcement of the foreign judgment the want of jurisdiction of the court rendering the judgment, and the want of notice to the party, collusion, fraud, or clear mistake of law or fact. In addition, a foreign judg - ment may also not be enforced if it is against public policy or the Constitution. 3.4 Process of Enforcing Foreign Judgments The litigant may file an action for the recognition and enforcement of the foreign judgment with the regional trial court having jurisdiction over the action. In case the trial court renders a judgment recognising the for -
• the writ of execution alters or varies the judgment or was issued without authority or against the wrong party. In addition, the defendant can ask for the ancillary remedy of injunction from a higher court to enjoin the enforcement of the judgment upon a showing that: • the defendant has a clear and unmistakable right to be protected; • there is a material and substantial invasion of such right; • there is an urgent and paramount necessity for the injunction to prevent serious and irreparable dam - age; and • no other ordinary, speedy, and adequate remedy exists to prevent the infliction of irreparable injury. 2.6 Unenforceable Domestic Judgments A judgment cannot be enforced if an appellate court has ruled that the judgment is void for having been rendered in grave abuse of discretion amounting to lack or excess of jurisdiction of the court. The term “grave abuse of discretion”, as defined in Philippine case law, is the capricious or whimsical exercise of judgment that amounts to an evasion of a positive duty or a virtual refusal to perform a duty enjoined by the law, or to act at all in contemplation of law, as where the power is exercised in an arbitrary and des - potic manner by reason of passion or hostility. A judgment also cannot be enforced when the five- year period to revive the judgment has lapsed. 2.7 Register of Domestic Judgments Except for the reported decisions or resolutions of the Supreme Court, there is no central register or record of all judgments in the Philippines. The record of the proceedings of a case is generally kept by the court that heard the case. However, courts generally do not allow third persons who are not parties to the action to access the records of the case.
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