Practice question
In a cross-border dispute, several witnesses and documents are abroad, but other material evidence and enforceable assets are in the Philippines. A properly available foreign forum is also identified. One side says the foreign witnesses automatically require Philippine dismissal, while the other says jurisdiction makes convenience legally irrelevant. Which analysis is best?
- Both absolute statements are correct
- Both are too absolute; the court must assess the concrete forum factors while distinguishing jurisdiction from discretionary exercise
- Only witness nationality matters
- Assets automatically resolve every issue
- The plaintiff’s choice can never be examined
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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