PHILIPPINES Law and Practice Contributed by: Leland R Villadolid Jr, Gilberto D Gallos, Antonio Jose Gerardo T Paz and Leo Frederick Z Cruz, Angara Abello Concepcion Regala & Cruz
9.5 Enforcement of a Judgment From a Foreign Country Foreign judgments may be enforced in the Phil- ippines by filing a complaint with the RTC for recognition and enforcement. Philippine courts will recognise the validity of a foreign judgment so long as it is shown that there has been an opportunity for a full and fair hearing before a court of competent jurisdiction. In the case of a foreign judgment on a specific thing, the judgment is deemed conclusive upon the title to the thing. In the case of a judgment against a person, the judgment is merely pre- sumptive evidence of a right between the parties and their successors in interest. In either case, an action for enforcement of a foreign decision may be repelled only on narrow grounds, by evi- dence of: • want of jurisdiction; • want of notice to the adverse party; • collusion; • fraud; or • clear mistake of law or fact. 10. Appeal 10.1 Levels of Appeal or Review to a Litigation Depending on the level at which the suit was initiated, the Philippine regular court system pro- vides for three levels of appeal. Suits initiated at the first-level courts may be appealed, by notice of appeal, to the second- level courts. Thereafter, the decision of second- level courts may be further appealed, through a petition for review, to the Court of Appeals.
legal interest from the date of judicial demand until full payment. Post-judgment interest is interest on the total amount of the judgment award, which contem- plates both the principal amount and the accrued interest thereon at the time the judgment was rendered. When the judgment awarding a sum of money becomes final and executory, this shall earn interest computed from the date of finality of the judgment until its satisfaction. 9.4 Enforcement Mechanisms of a Domestic Judgment The Rules of Court provide various mechanisms for the enforcement of domestic judgments. For enforcement of a judgment awarding a sum of money, after the issuance of a writ of execu- tion, the court sheriff shall first demand that the losing party voluntarily pay the full amount of the award to the winning party. If the losing party fails to comply, the sheriff shall levy upon the losing party’s real and personal properties. The sheriff may also garnish bank deposits and other monies of the losing party. For awards not consisting of payment of money, such as delivery of possession of real or personal properties, the sheriff shall likewise first make a demand to the losing party to voluntarily comply with the decision. If the losing party fails to do so, the sheriff is authorised to forcefully dispos- sess the losing party of such properties and to deliver these to the prevailing party, for that pur- pose enlisting the assistance of law enforcement agencies. The sheriff may ask for the issuance of such orders as will authorise them to perform the necessary actions.
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