Conflict of Laws III

Nature and Proof of Foreign Judgment

Effectivity of Foreign Judgment

The General Rule is that in the absence of a special compact or a treaty no sovereign is bound to give
effect within its dominion a judgment rendered by a tribunal of another country, so does absence of
such a contract, treaty or convention the Philippines is not bound to recognize or enforce a foreign
judgment.

What is the nature of a foreign judgment? A foreign judgment does not have an extra-territorial
application.

- It may only be enforce within its own territory. For a judgment to be made effective in our
country, it is imperative that it is proved in accordance with the prescribed rules on the matter.
It must be proven and pleaded as a fact in accordance with the Rules of Court or the Philippine
Arbitration Law with respect to Arbitral Wards

Recognition and Enforcement of Foreign Judgment (Difference)

1. Recognition – our local courts will allow a foreign judgment to be presented as a defense to a
local litigation. Example:

X files a case against Y here in the Philippines for collection of sum of money. However, it turns out that
Y already paid him by virtue by a decision rendered by a court in California. Now Y seeks the recognition
of the California Court decision so that Y will no longer pay.

Enforcement – it exist when the plaintiff wants the court to positively carry out and make effective in the
Philippines a foreign judgment.

Example:

So in the same example, if Y did not pay X, X can file a case in the Philippines but not a collection of sum
of money but enforcement of the California decision requiring you to pay.

2. Recognition it merely involves a sense of justice. However, enforcement implies a direct act of
sovereignty.
3. Recognition does not require either action or a special proceeding; enforcement necessitates a
separate action or proceeding brought precisely to make the foreign judgment effective.
4. Recognition may exist without enforcement; enforcement necessarily carries with its
recognition.

A foreign judgment is recognized when it is given the same effect that it has in the State where it was
rendered with respect to the parties, the subject matter of the action and issues involved.
A foreign judgment is enforced when, in addition to being recognized, party is given affirmative relief to
which the judgment entitles him

It must be borne in mind, however, that for BOTH recognition and enforcement, proof of the foreign
judgment has to be presented.

What is the reason for the recognition and enforcement of foreign judgment?

For Convenience, courtesy or comity as well as reciprocity.

- It is for convenience because you will no longer hear and decide the case
- It is for courtesy or comity to the tribunal which has lawful jurisdiction to hear and decide the
case.
- It is for reciprocity is basically mutuality; if the court of a foreign country accords recognition or
gives effect of a Philippine judgment our court will similarly extend recognition or grant effect to
the foreign judgment.

Take note that recognition