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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

A foreign judgment is a legal ruling issued by a court in a foreign country. In order for a foreign judgment to be recognized and enforced in the Philippines, certain conditions must be met. Consider the following scenarios:

  1. Jane, a Filipino citizen, filed a lawsuit against John, a U.S. citizen, in a U.S. court. The U.S. court issued a judgment in favor of Jane. She now wants to enforce this judgment in the Philippines. Discuss the requirements for the recognition and enforcement of this foreign judgment under Philippine law.

  2. David, a Filipino citizen, obtained a divorce decree from a court in Australia. He wishes to have his divorce decree recognized and enforced in the Philippines. Analyze the conditions for the recognition and enforcement of foreign divorce decrees in the Philippines.

  3. Anna, a British national, was involved in a car accident in the Philippines. The Philippine court found her liable and ordered her to pay damages to the injured party. Anna refuses to comply with the court's decision and returns to the United Kingdom. The injured party now wants to enforce the Philippine court's judgment in the United Kingdom. Explain the process and requirements for the recognition and enforcement of the Philippine court's judgment in the United Kingdom.




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