Practice question
A timely, supported forum non conveniens objection identifies an actually seized foreign tribunal, accessible evidence and practical enforcement there. The Philippine court also has jurisdiction. One party claims these facts either erase jurisdiction automatically or are legally irrelevant because jurisdiction exists. Which is best?
- Foreign proceedings always repeal Philippine jurisdiction.
- Assess the established circumstances in sound discretion; convenience concerns neither automatically erase jurisdiction nor become irrelevant.
- Existing jurisdiction makes all practical circumstances irrelevant.
- The defendant may unilaterally issue a binding dismissal.
- Only the currency of the filing fee controls.
Legal references
- PNCC v. Asiavest Merchant Bankers, G.R.172301, August19,2015, MAIN: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/61375
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