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Philippine Bar review · Question

Practice question: Jurisdiction; Forum Non Conveniens

Multiple Choice Hard Jurisprudence

Practice question

A Malaysian creditor sues a Philippine corporation here for reimbursement under an agreement executed and performed in Malaysia. The Philippine court has the legally required jurisdiction; relevant documents can be presented and assets are available here for enforcement. The defendant invokes only the foreign place of contracting as conclusive. Following PNCC, which answer is best?
  1. The court should assess the actual convenience, decision-making and enforcement factors; foreign execution alone does not compel dismissal
  2. Every foreign contract necessarily defeats subject-matter jurisdiction
  3. Philippine assets are always irrelevant
  4. The foreign creditor automatically wins on the merits
  5. The defendant can remove jurisdiction merely by naming Malaysia

Legal references

  • PNCC v. Asiavest Merchant Bankers, G.R. 172301, August 19, 2015: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/61375

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