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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

Scenario: Juan, a Filipino citizen, obtained a divorce decree from a court in the United States dissolving his marriage with Maria, a Filipina. Both Juan and Maria are presently residing in the Philippines. Juan wants to remarry in the Philippines and wishes to have his foreign divorce decree recognized and enforced in the local courts.

Based on the given scenario, discuss the following:

  1. Can Juan have his foreign divorce decree recognized in the Philippines? Explain the principle that governs the recognition of foreign judgments.
  2. If the foreign divorce decree is recognized, can Juan legally remarry in the Philippines? State the requirements and conditions for the enforcement of foreign judgments.
  3. What are the exceptions to the recognition and enforcement of foreign judgments in the Philippines? Discuss at least three (3) common exceptions based on Philippine jurisprudence.



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Bar Review Question: Conflict of Laws: Recognition and Enforcement of Foreign Judgments Scenario: Juan, a Filipino citi