RECOGNITION AND

ENFORCEMENT of FOREIGN
JUDGMENT

Definitions
RECOGNITION
A foreign judgment is given the same effect that
it has in the State where it was rendered with
respect to the parties, the subject matter and the
issues involved
The extension to another State of the res judicata
effect of a judgment obtained in one state

ENFORCEMENT
In addition to recognition, affirmative relief is
given to a party entitled to the same because of
such judgment.

Distinctions
RECOGNITION

ENFORCEMENT

Foreign judgment is
given the same effect in
another State

Recognition of the
foreign judgment

The extension of the

foreign judgments res
judicata effect

Giving affirmative relief

to a party engitled to it
because of such foreign
judgment

Enforcement of the
foreign judgment is not
necessarily implied

Recognition of the
foreign judgment is
necessarily implied.

Hilton vs. Guyot, 159 U.S. 113,

16 S.Ct. 139, 40 L. Ed. 95
(1895)

French Rule: foreign judgments obtained by

Frenchmen are automatically enforced; but if
obtained against Frenchmen, they have to be
subject to a new suit.
In this case, the US Court went beyond the
regularity of the proceedings had in the French
Court. The Court deemed it immaterial to
discuss W-O-N irregularities in the proceedings
were actually present. Due to lack of
reciprocity on the part of France, the foreign
judgment cannot be enforced without a reexamination of the merits of the case.

Hilton vs. Guyot, 159 U.S. 113,

16 S.Ct. 139, 40 L. Ed. 95
(1895)

French hostility to foreign judgments

rendered against its respective citizens
was fully reciprocated by the practice of
reciprocal retaliation.
Judgments rendered in a foreign country,
by the laws of which another countrys
judgments were reviewable upon the
merits, are not entitled to full credit and
conclusive effect when sued upon in the
latter, but are prima facie evidence only of
the justice of the plaintiffs claim.

Present Phil Rules on Foreign

Judgments
System of Qualified Recognition = the
foreign judgment will only be recognized if it
is not repelled thru the means provided by
law and jurisprudence.
Judgments in rem are conclusive upon the title
to the thing
Judgments in personam are subject to
examination into the merits if sued upon by the
successful plaintiff
In either case, such judgments may be repelled
by evidence of want of jurisdiction, want of
notice to the party, collusion, fraud, or clear
mistake of law or fact (Section 48, Rule 39, ROC)

Philippine COL
The LEX FORI always governs
recognition and enforcement
Basis: Comity is the theoretical basis
for recognition, Exception when the
obligation is created by the will of the
parties, not by the State.

Asiavest Merchant Bankers vs.

CA, 361 SCRA 489 (2001)
In this jurisdiction, a valid judgment rendered
by a foreign tribunal may be recognized insofar
as the immediate parties and the underlying
cause of action are concerned so long as it is
convincingly shown that there has been an
opportunity for a full and fair hearing before a
court of competent jurisdiction, that the trial
upon regular proceedings has been conducted,
following due citation or voluntary appearance
of the defendant and under a system of
jurisprudence likely to secure an impartial
administration of justice, and that there is
nothing to indicate either a prejudice in court
and in the system of laws under which it is
sitting or fraud in procuring the judgment.

Basic Requirements
The foreign tribunal must have had
jurisdiction to render the judgement
There must have been an
observance of the fundamental
principles of due process and fairness
The proceedings must not have been
tainted with fraud, prejudice or
unfairness

Condition for Recognition or

Enforcement
For recognition and enforcement to
property operate, there has to be a
showing first that the grounds for its
exclusion do not exist.
Therefore, the adverse party must be
given an opportunity to refute the
judgment by the grounds provided for in
law or jurisprudence whether such foreign
judgment is recognized or enforced.

Effects Sec. 48, Rule 39,

ROC
Effect of foreign judgments or final orders.
The effect of a judgment or final order of a tribunal of
a foreign country, having jurisdiction to render the
judgment or final order is as follows:
(a)In case of a judgment or final order upon a specific
thing, the judgment or final order is conclusive upon
the title to the thing; and
(b)In case of a judgment or final order against a
person, the judgment or final order is presumptive
evidence of a right as between the parties and their
successors in interest by a subsequent title. In either
case, the judgment or final order may be repelled by
evidence of a want of jurisdiction, want of notice to
the party, collusion, fraud, or clear mistake of law or
fact.

Effects Sec. 48, Rule 39,

ROC
Paragraph (a) are judgments in rem =
When the action affects personal status
When the action relates to, or the subject
of which is property within the Phils
When the relief demanded consists in
excluding a party from any interest in
property located in the Phils
When the non-residents property has
been attached in the Phils, pursuant to
Rule 14, Section 15

Effects Sec. 48, Rule 39,

ROC
Effects of judgments in rem
Once a foreign judgment in rem is
proved to be valid, the title adjudicated
under such foreign judgment is as good
as if it had been adjudicated originally
under a Phil court
Conclusive upon the title to the thing
Thus, a party can only present defenses
concerning the judgment

Effects Sec. 48, Rule 39,

ROC
Par (b) are judgments in personam
Where the complaint does not involve the
personal status of the plaintiff or any
property in the Philippines in which
defendants have or claim an interest

Effects of Judgments in personam

Presumptive evidence of a right as between
the parties and their successors in interest
by a subsequent title
A party can question the right granted or
the judgment itself
Judgment is not conclusive

Grounds for Non-Recognition

Sec. 48, last paragraph
In either case, the judgment or final
order may be repelled by evidence of
a want of jurisdiction, want of notice
to the party, collusion, fraud, or clear
mistake of law or fact.
When other defenses not included in
the ROC are available, defenses
under the ROC are not exclusive.