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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

M. Conflict of Laws (Civil Code, arts. 15-18) - Recognition and Enforcement of Foreign Judgment

1. In a civil case, Alex, a Philippine citizen, filed a lawsuit against Lucia, a foreign national, in a Philippine court. The court rendered a judgment in favor of Alex, ordering Lucia to pay damages. However, Lucia relocated back to her home country and refused to comply with the court's decision. Alex wants to enforce the Philippine judgment in Lucia's home country. Can Alex seek recognition and enforcement of the foreign judgment in Lucia's home country? Discuss the principles and requirements under the Civil Code regarding the recognition and enforcement of foreign judgments.

2. Juan, a Filipino seafarer, entered into an employment contract with a foreign shipping company for a term of two years. Due to various disputes arising from his employment, Juan filed a complaint in a Philippine court claiming unpaid wages and damages. The Philippine court ruled in favor of Juan and issued a judgment awarding him the claimed amounts. However, the foreign shipping company refuses to comply with the Philippine judgment and argues that the case should have been filed in their home country's court. Can Juan seek recognition and enforcement of the Philippine judgment in the home country of the foreign shipping company? Discuss the principles and requirements under the Civil Code relating to the recognition and enforcement of foreign judgments.

3. Maria, a Philippine citizen, obtained a divorce decree in a foreign country due to irreconcilable differences with her spouse. She wants to remarry in the Philippines, but her ex-spouse argues that the divorce decree obtained abroad is not valid or recognized in the Philippines. Discuss the applicable provisions of the Civil Code regarding the recognition and enforcement of foreign divorce decrees and whether Maria can legally remarry in the Philippines based on the foreign divorce decree.




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Bar Review Question: M. Conflict of Laws (Civil Code, arts. 15-18) - Recognition and Enforcement of Foreign Judgment 1.