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All ▸ Bar 2024 ▸ REMEDIAL LAW, LEGAL AND JUDICIAL ETHICS ▸ VIII. LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES ▸ B. Code of Professional Responsibility and Accountability (A.M. No. 22-09-01-SC) ▸ D. Practical Exercises ▸ 6. Petition for Enforcement of Foreign Judgment

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Question

Subject: Practical Exercises

Scenario:

Marie, a Filipino citizen, received a favorable judgment in a court from a foreign country recognizing her right to property located in the Philippines. However, the judgment debtor failed to comply with the foreign court's decision. Marie decides to file a Petition for Enforcement of Foreign Judgment in a Philippine court to seek recognition and implementation of the foreign judgment.

Question:

  1. What are the necessary elements for filing a Petition for Enforcement of Foreign Judgment in the Philippines?
  2. What specific laws govern the recognition and enforcement of foreign judgments in the Philippines?
  3. What procedure should Marie follow in filing the Petition for Enforcement of Foreign Judgment?
  4. What defenses may be raised by the judgment debtor to oppose the enforcement of the foreign judgment in the Philippines?

Answer

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