Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Civil Procedure › Execution, Satisfaction, and Effect of Judgments (Rule 39) › Effect of Judgments or Final Orders

c. Foreign Judgments

ENFORCEMENT

In order to enforce a foreign judgment in the Philippines, it is necessary to file an action based on said judgment. A foreign judgment is presumed valid and binding in the country from which it comes, until the contrary is show. (Feria and Noche, Civil Procedure Annotated, 2013 ed., vol. 2, p. 287)

RECOGNITION

A defendant in a Philippine court may invoke a foreign judgment as res judicata in his defense. It is not necessary to institute a separate action or proceeding for recognition of the foreign judgment, as long as the parties opposed to the judgment on the grounds of want of jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law or fact, have the opportunity to challenge the foreign judgment. (Feria and Noche, Civil Procedure Annotated, 2013 ed., vol. 2, p. 288)

Authorities

  • Feria