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AllBar 2024CIVIL LAWI. EFFECT AND APPLICATION OF LAWSM. Conflict of Laws (Civil Code, arts. 15-18)3. Recognition and Enforcement of Foreign Judgment

Question

Conflict of Laws: Recognition and Enforcement of Foreign Judgments

John, a Filipino citizen, obtained a substantial amount of money from a business venture in Australia. He then returned to the Philippines and refused to pay his Australian business partners. The Australian partners filed a case in Australia and obtained a judgment against John, ordering him to pay the amount owed.

John, however, claims that the Australian judgment is not enforceable in the Philippines. He argues that the judgment is against public policy because it violates Philippine laws on contractual obligations. The Australian partners now seek to have their judgment recognized and enforced in the Philippines.

Discuss the requirements for the recognition and enforcement of foreign judgments in the Philippines. Analyze the relevant provisions of the Civil Code, particularly Articles 15 to 18. Consider the principles of international comity and public policy. Apply the legal principles to the given scenario and advise the Australian partners on the prospects of having their judgment recognized and enforced in the Philippines.




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Bar Review Question: Conflict of Laws: Recognition and Enforcement of Foreign Judgments John, a Filipino citizen, obtai