Philippine Case Assignment(s)

Vda De Catalan Aliens may obtain divorces abroad, which may be recognized in the Philippines,
provided they are valid according to their national law. Before a foreign judgment is
given presumptive evidentiary value, the document must rst be presented and
admitted in evidence. A divorce obtained abroad is proven by the divorce decree itself.
Indeed the best evidence of a judgment is the judgment itself. The decree purports to
be a written act or record of an act of an of cial body or tribunal of a foreign country.
The burden of proof lies with the "party who alleges the existence of a fact or thing
necessary in the prosecution or defense of an action."
Tuna Processing Inc When a party enters into a contract containing a foreign arbitration clause and, as in
this case, infact submits itself to arbitration, it becomes bound by the contract, by the
arbitration and by the result of arbitration, conceding thereby the capacity of the other
party to enter into the contract, participate in the arbitration and cause the
implementation of the result.
Navida
Corpuz v. Sto Tomas The second paragraph of Art 26 of the Family Code does not extend to aliens the right
to petition a court of this jurisdiction for the recognition of a foreign divorce decree.
The alien spouse cannot claim under the second paragraph of Art 26 of the Family
Code because the substantive right it establishes is in favour of the Filipino spouse.
Only the Filipino spouse can invoke the second par. of Art 26 of the Family Code.
However, the unavailability of the second paragraph of Art 26 of the Family Code to
aliens does not necessarily strip the petitioner of legal interest to petition the RTC for
the recognition of his foreign divorce decree. There is a presumptive evidence of the
authenticity of foreign divorce decree with conformity to the alien’s national law. Art. 26
of the Family Code, second paragraph provides: Where a marriage between a Filipino
citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained
abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse
shall have capacity to remarry under Philippine law.
Deutsche For a foreign entity like petitioner Deutsche (GTZ) to claim immunity from suit, it must
prove such claim. GTZ failed to establish under German Law (its national law), that it
has not consented to be sued despite it being owned by the Federal Republic of
Germany. Under PH laws, we adhere to the rule that in the absence of evidence to the
contrary, foreign laws on a particular matter are presumed to be the same as those of
the Philippines. GTZ is akin to a GOCC without original charter, which by virtue of our
own Corporation Code, has expressly consented to be sued.
Quasha Orders of a foreign court appointing liquidators for a corporation would not involve the
enforcement of a foreign judgment if brought here in our jurisdiction. The act of
changing counsel is a mere exercise of client's prerogative, through its appointed
liquidators, which was an internal affair that required no prior recognition in a separate
action to be considered binding and effective in our jurisdiction.
Korea Tech Co
Raytheon Int'l (An American corporation is asking for the dismissal of the case filed against it as the
contract between the corporation and the plaintiff stated that all disputes should be
settled by the laws of Seattle. However, the plaintiff properly filed the case in the court
of the Philippines as it is the law that vests jurisdiction, and not the contract.) Under
the doctrine of forum non conveniens, a court, in conflicts-of-laws cases, may refuse
impositions on its jurisdiction where it is not the most "convenient" or available forum
and the parties are not precluded from seeking remedies elsewhere. It is not one of
the grounds provided in the Rules of Court to dismiss a case, however, the court has
discretion to utilize this. The propriety of dismissing a case based on the principle of
forum non conveniens requires a factual determination; hence, it is more properly
considered as a matter of defense. While it is within the discretion of the trial court to
abstain from assuming jurisdiction on this ground, it should do so only after vital facts
are established, to determine whether special circumstances require the court’s
desistance.
Belen To enforce a foreign judgment through our Regional Trial Courts, a copy of the RTC
decision pursuant to such foreign judgment must have been served to the judgment
obligor/s. The death of the counsel of record terminated the attorney-client
relationship, and any service of judgment to the deceased counsel after such death
cannot bind the former clients anymore.
 Valmonte While overseas litigants are not excused from complying with our Rules such as the
strict observance of the periods for appeal and the verification requirement, we must
take into account the attendant realities brought into play because they are suing from
overseas or via long distance communications with their counsel. In the verification
requirement, there are added formalities required for the acceptance in the Philippines
of statements sworn overseas before foreign notaries; we require their authentication
by our consulates. (In this case, petitioners submitted only a photostatic copy of the
Verification/Certification since it was not yet authenticated by the Philippine Consulate
since it was Holy Week. The Court said there was substantial compliance and that the
case should not have been dismissed.)
Coca-Cola, etc Forum shopping originated as a concept in private international law, where non-
resident litigants are given the option to choose the forum or place wherein to bring
their suit for various reasons or excuses, including to secure procedural advantages,
to annoy and harass the defendant, to avoid overcrowded dockets, or to select a more
friendly venue. To combat these less than honorable excuses, the principle of forum
non conveniens was developed whereby a court, in conflicts of law cases, may refuse
impositions on its jurisdiction where it is not the most "convenient" or available forum
and the parties are not precluded from seeking remedies elsewhere. In the
Philippines, forum shopping has acquired a connotation encompassing not only a
choice of venues, as it was originally understood in conflicts of laws, but also to a
choice of remedies. Thus, in order to prevent forum shopping, the 1997 Rules of Civil
Procedure now provide under Section 5, a requirement for a certification against
forum shopping.
Heirs etc
Teoco when the special power of attorney is executed and acknowledged before a notary
public or other competent official in a foreign country, it cannot be admitted in
evidence unless it is certified as such in accordance with the foregoing provision of the
rules by a secretary of embassy or legation, consul general, consul, vice consul, or
consular agent or by any officer in the foreign service of the Philippines stationed in
the foreign country in which the record is kept of said public document and
authenticated by the seal of his office.
European Resources, etc vs Foreign corp which participated and won in a bidding, though isolated, is considered
Ingenieuburo etc to be doing business in the PH. It has no capacity to sue if it has no license.
Bank of America etc Whether a suit should be entertained or dismissed on the basis of forum non-
conveniens depends largely upon the facts of the particular case and is addressed to
the sound discretion of the trial court. Philippine Courts may assume jurisdiction over
the case if it chooses to do so; provided, that the following requisites are met: (1) that
the Philippine Court is one to which the parties may conveniently resort to; (2) that the
Philippine Court is in a position to make an intelligent decision as to the law and the
facts; and, (3) that the Philippine Court has or is likely to have power to enforce its
decision.
MR Holdings Ltd If a foreign corporation does business in the Philippines without a license, it cannot
sue before the Philippine courts. If a foreign corporation is not doing business in the
Philippines, it needs no license to sue before the Philippine courts on an isolated
transaction or on a cause of action entirely independent of any business transaction. If
a foreign corporation does business in the Philppines with the required license, it
cannot sue before Philippine courts on any transaction. Apparently it is not the
absence of the prescribed license but the "doing of business in the Philippines
without such license, which debars the foreign corporation from access to our courts.
Asiavest etc Ultimately, matters of remedy and procedure such as those relating to the service of
summons or court process upon the defendant, authority of counsel to appear and
represent a defendant and the formal requirements in decision are governed by the
lex fori or the internal law of the forum, i.e. the law of Malaysia in this case.

Here, it is the procedural law of Malaysia where the judgment was rendered that
determines the validity of the service of the court process on private respondent as
well as other matters raised by it. Accordingly, the presumption of validity and
regularity of the service of summons and the decision thereafter rendered by the High
Court of Malasiya must stand.
 Garcia Petitioner argues that the certificate of legal capacity required by Article 21 of the
Family Code was not submitted together with the application for a marriage license.
According to her, its absence is proof that respondent did not have legal capacity to
remarry.

We clarify. To repeat, the legal capacity to contract marriage is determined by the

national law of the party concerned. The certificate mentioned in Article 21 of the
Family Code would have been sufficient to establish the legal capacity of respondent,
had he duly presented it in court. A duly authenticated and admitted certificate is prima
facie evidence of legal capacity to marry on the part of the alien applicant for a
marriage license.
Laureano The party who claims the applicability of a foreign law has the burden of proof, and
where said party failed to discharge the burden, Philippine laws apply.
American Airlines Under the Warsaw Convention, an action for damages may be brought in the any of
the following, which are in the territory of one of the High
Contracting Parties:
• Court of the domicile of the carrier
• Court where he has a place of business thru which the contract has been
Court of the principal place of business of carrier made
• Court at the place of destination
If a foreign corporation acting as an agent of a Philiipine corporation changes the
Transportation contract (flights) executed in the PH, said contract executed in another
country will still be considered as one and the same contract executed in the PH.
Banco De Brasil Extrajudicial service of summons apply only where the action is in rem, an action
against the thing itself instead of against the person, or in an action quasi in rem,
where an individual is named as defendant and the purpose of the proceeding is to
subject his interest therein to the obligation or loan burdening the property.

However, where the action is in personam, one brought against a person on the basis
of his personal liability, jurisdiction over the person of the defendant is necessary for
the court to validly try and decide the case. When the defendant is a non-resident,
personal service of summons within the state is essential to the acquisition of
jurisdiction over the person.This cannot be done, however, if the defendant is not
physically present in the country, and thus, the court cannot acquire jurisdiction over
his person and therefore cannot validly try and decide the case against him.
Hutchison etc Foreign corporation doing business in the philippines without license has no legal
standing to sue in the Philippines because license and registration are the requisites
for a foreign corporation to have legal perrsonality in our jurisdiction
SBMA v Universal International A foreign corporation doing business in the Philippines without the requisite license
Group of Taiwan has no capacity to sue.
Phil Aluminum A foreign judgment is presumed to be valid and binding in the countrf from which it
comes, until a contrary showing, on the basis of a presumption of regularity of
proceedings and the giving of due notice in the foreign forum.
Manila Hotel Corp
Llorente Llorente became an American citizen long before and at the time of: (1) his divorce
from Paula; (2) marriage to Alicia; (3) execution of his will; and (4) death, is duly
established, admitted and undisputed. Issues arising from these incidents are
necessarily governed by foreign law. Therefore, the divorce is valid and the will will be
based from foreign law.
Mirpuri Article 6bis in the Paris Convention is a self-executing provision and does not require
legislative enactment to give effect in a member country. It may be applied directly by
the tribunals and members of member countries by the mere publication or
proclamation of the Convention, after its ratification according to public law and the
order of its execution. Thus, a foreign corporation may use Article 6bis in the Paris
Convention as legal basis to oppose a Filipino entity's registration of a trademark in
the Philippines.
 United Airlines Within our jurisdiction we have held that the Warsaw Convention can be applied, or
ignored, depending on the peculiar facts presented by each case. Thus, we have
ruled that the Convention's provisions do not regulate or exclude liability for other
breaches of contract by the carrier or misconduct of its officers and employees, or for
some particular or exceptional type of damage. Neither may the Convention be
invoked to justify the disregard of some extraordinary sort of damage resulting to a
passenger and preclude recovery therefor beyond the limits set by said Convention.
Likewise, we have held that the Convention does not preclude the operation of the
Civil Code and other pertinent law. It does not regulate, much less exempt, the carrier
from liability for damages for violating the rights of its passengers under the contract of
carriage, especially if willful misconduct on the part of the carrier's employees is found
or established.
Eriks Pte Ltd A foreign corporation, without a license, has capacity to sue if his COA is an isolated
transaction. An "isolated transaction" means a transaction or series of transactions set
apart from the common business of a foreign enterprise in the sense that there is no
intention to engage in a progressive pursuit of the purpose and object of the business
organization. In the end, since Eriks does not have a license and his cause of action is
not an isolated transaction, he cannot sue. But res judicata does not set in, and a
subsequent acquisition of the license will cure the lack of capacity at the time of the
execution of the contract.
First Philippine International Bank Forum-shopping originated as a concept in private international law, where non-
v. CA resident litigants are given the option to choose the forum or place wherein to bring
their suit for various reasons or excuses, including to secure procedural advantages,
to annoy and harass the defendant, to avoid overcrowded dockets, or to select a more
friendly venue. To combat these less than honorable excuses, the principle of forum
non conveniens was developed whereby a court, in conflicts of law cases, may refuse
impositions on its jurisdiction where it is not the most "convenient" or available forum
and the parties are not precluded from seeking remedies elsewhere.
Communication etc Under the principle of estoppel, the argument of lack of capacity to sue is unavailing to
ASPAC. The court has acquired jurisdiction over ITEC by virtue of filing of suit.
Having acquired jurisdiction, it is now up to Philippine courts to determine whether to
give due course to the suit or dismiss it by virtue of forum non conveniens.
Emerald Garment A Foreign Corporation may have the capacity to sue for infringement irrespective of
lack of buisness activity in the Philippines on account of Section 21-A of the
Trademark Law but the question of whether they have an exclusive right over their
symbol as to justify issuance of the controversial writ will depend on actual use of their
trademarks in the Philippines.
Vda de Perez v Tolete For wills by foreign citizens to be effective in this country, the Civil Code states that it
must be made with the formalities prescribed by the law of the place where he
resides, or according to formalities observed in his counrty, or in conformity with those
prescribed by the Code.

The evidence necessary for the reprobate of the will which have been probated
outside of the country: (1) due execution of the will probated outside of the
Philippines, (2) testor's domicile is in a foreign country, (3) will had been admitted for
probate in that country, (4) foreign tribunal is a probate court, and (5) the laws of the
foreign country on procedure and allowance of will

Presentation of such evidence is necessary for the court to acquire jurisdiction over
the will.
Holy See The mere entering into a contract by a foreign state with a private party cannot be the
ultimate test to determine whether the state has performed an act of jure gestionis
(commercial act of the state) or jure imperii (sovereign act). Such an act can only be
the start of the inquiry. The logical question is whether the foreign state is engaged in
the activity in the regular course of business. If the foreign state is not engaged
regularly in a business or trade, the particular act or transaction must then be tested
by its nature. If the act is in pursuit of a sovereign activity, or an incident thereof, then
it is an act jure imperii, especially when it is not undertaken for gain or profit.
 Cadalin et al. v. POEA, NLRC Generally, procedural matters are governed by the laws of the forum while substantive
matters are governed by the foreign law. However, when the forum has a "borrowing
statute," said statute operates to treat the foreign law as one of substance and
therefore makes it applicable to the forum even if the foreign law is procedural. But
public policy considerations may prevent the forum from applying the foreign law
despite the borrowing statute.

Parties to a contract may select the law by which it is to be governed. In such a case,
the foreign law is adopted as a system to regulate the relations of the parties,
including questions of their capacity to enter into the contract, the formalities to be
observed by them, matters of performance, and so forth. Instead of adopting the entire
mass of foreign law, the parties may just agree that specific provisions of a foreign
statute shall be deemed incorporated into their contract "as a set of terms." By such
reference to the provisions of foreign law, the contract does not become a foreign
contract . The foreign law does not operate as a statute but as a set of contractual
terms deemed written in the contract.

MRDC v. NLRC In a labor contract, even if the principal is a foreign employer / firm, it cannot waive or
contract away the provisions of Philippine labor laws because such would violate
public policy.
Board of Commissioners Supreme Court held that in the absence of the evidence to the contrary foreign laws
on a particular subject are presumed to be the same as those of the Philippines. This
is known as Processual Presumption. In this case, there being no proof of Chinese
law relating to marriage, there arises a presumption that it is the same of that of
Philippine law the said marriage then is declared valid
Pakistan Etc The laws of the place of making of the contract, and the place where all the conditions
of the policy are to be performed, shall govern with respect to the stipulations of the
contract.
Leon The administration of Butler's estate granted in New York was the principal or
domiciliary administration (Johannes vs. Harvey, 43 Phil., 175), while the
administration taken out in the Philippines is ancillary. However, the distinction serves
only to distinguish one administration from the other, for the two proceedings are
separate and independent. (34 C.J.S. 1232,1233).

The general rule universally recognized is that administration extends only to the
assets of a decedent found within the state or country where it was granted, so that an
administrator appointed in one statee or country has no power over property in
another or country. this principle is embodied in section 4 of Rule 78 of the rules of
court:

Estate, how administered.—When a will is thus allowed, the court shall grant letters
testamentary, or letters of administration with the will annexed, and such letters
testamentary or of administration, shall extend to all the estate of the testator in the
Philippines. Such estate, after the payment of just debts and expenses of
administration, shall be disposed of according to such will, so far as such will may
operate upon it; and the residue, if any, shall be disposed of as is provided by law in
cases of estates in the Philippines belonging to persons who are inhabitants of
another state or country.
General Corp. of the Philippines vs. Where such foreign corporation actually doing business here has not applied for
Union license to do so and has not designated an agent to receive summons, then service of
summons on it will be made pursuant to the provisions of the Rules of Court,
particularly Rule 7, section 14 thereof. Where a foreign insurance corporation
engages in regular marine insurance business here by issuing marine insurance
policies abroad to cover foreign shipments to the Philippines, said policies being made
payable here, and said insurance company appoints and keeps an agent here to
receive and settle claims flowing from said policies, then said foreign corporation will
be regarded as doing business here in contemplation of law.
Sy Kiong v. Treasurer of Manila Sale of a flour vendor to a bakery is considered retail sale subject to a municipal
license fee even if American jurisprudence provide that sale of goods which become
ingredients sold by the buyer is considered wholesale. There is no legal provision in
the Philippines which define wholesale or retail. Philippine courts do not need to
extend the force and effect of American statutes to Philippine jurisdiction.
Recto marital relations should be governed by their national law
Republic v. Gingoyon It is recognized in Philippine jurisprudence and international law that a foreign
judgment may be barred from recognition if it runs counter to public policy.
Velez v. De Vera A foreign judgment is presumed to be valid and binding in the country from which it
comes, until a contrary showing, on the basis of a presumption of regularity of
proceedings and the giving of due notice in the foreign forum. A judgment or final
order is presumptive evidence of a right as between parties and their successors in
interest by a subsequent title. However, 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. In a case such as this, where there is technically no
foreign judgment to speak of, the recommendation by the hearing officer of the State
Bar of another jurisdiction does not constitute prima facie evidence of unethical
behavior by a Philippine lawyer practicing in said jurisdiction. Complainant must prove
by substantial evidence the facts upon which the recommendation of the hearing
officer was based and prove that these acts are likewise unethical under Philippine
law.
Citibank NA The pledge in this case had money deposits in Citibank Geneva as its subject.
Though as a general rule the lex situs or the law of the land wherein the property is
situated will govern, the doctrine of processual pressumption will still be used when
the foreign law is not sufficiently proven in court.
PCL Shipping In an Employment Contract the principle of lex loci contractus(the law of the country in
which the contract is made) applies such that the Constitution and Labor Laws of the
Philippines applies to all contracts made in the Philippines, eventhough the work to be
done is outside the Philippines territorial jurisdiction.
Gonzales Arbitration, as an alternative mode of settling disputes, has long been recognized and
accepted in our jurisdiction.Foreign arbitration, as a system of settling commercial
disputes of an international character, was likewise recognized when the Philippines
adhered to the United Nations "Convention on the Recognition and the Enforcement
of Foreign Arbitral Awards of 1958," giving reciprocal recognition and allowing
enforcement of international arbitration agreements between parties of different
nationalities within a contracting state. The doctrine of separability, or severability as
other writers call it, enunciates that an arbitration agreement is independent of the
main contract. The arbitration agreement is to be treated as a separate agreement
and the arbitration agreement does not automatically terminate when the contract of
which it is part comes to an end.
Pioneer Concrete v. Todaro The doctrine of forum non conveniens should not be used as a ground for a motion to
dismiss because Sec. 1, Rule 16 of the Rules of Court does not include said doctrine
as a ground. This Court further ruled that while it is within the discretion of the trial
court to abstain from assuming jurisdiction on this ground, it should do so only after
vital facts are established, to determine whether special circumstances require the
court’s desistance; and that the propriety of dismissing a case based on this principle
of forum non conveniens requires a factual determination, hence it is more properly
considered a matter of defense.
Hulst Since petitioner and his wife, being Dutch nationals, are proscribed under the
Constitution from acquiring and owning real property, it is unequivocal that the
Contract to Sell entered into by petitioner together with his wife and respondent is
void. As Sec. 7, Article XII of the Constitution provides, "Save in cases of hereditary
succession, no private lands shall be transferred or conveyed except to individuals,
corporations, or associations qualified to acquire or hold lands of the public domain."
 Regner
EDI - Staffbuilders International Inc In the present case, the employment contract signed by Gran specifically states that
vs. NLRC
Hasegawa v Kitamura
Hilton v Guyot
Ritchie v McMullen
Merrill Lynch Futures v CA
2nd Wife wants to Annul Deed of Donation of shares in Cebu Country Club to the 3
daughters from 1st marriage. Daughter 1(D1) served summons. But D2 and D3 lived
in the USA. D2 was served summons 1 year after the filling of the case, Summons
served when D2 arrived in Cebu Airport (from USA). Daughters claimed Failure to
Preosecute -> SC: Dismiss because fialed to prosecute. As soon as non-resident of
the Philippines and not found in the Philippines, Petitioner should have filed for
EXTRATERRITORIAL SERVICE asap. D2 and D3 are all indispensible parties
because they are co-owners of the property subject of Deed of Donation. This is an
action in personam (coz shares are personal property). Since in personam, and D3 is
a nonresident who is not found in the Philippines, service of summons to be effective
outside the Philippines, must be made either (1) by personal service; (2) by
publication in a newspaper of general circulation in country, sent by registered mail to
the last known address of the defendant; or (3) in any other manner which the court
may deem sufficient. 2nd Wife did not do all of these, Failure to Prosecute. Case
Dismissed.
Saudi Labor Laws will govern matters not provided for in the contract. Being the law
intended by the parties, intended by the parties (lex loci intentiones) to apply to the
contract, Saudi Labor Laws should govern all matters relating to the termination of the
employment of Gran. In international law, the party who wants to have a foreign law
applied to a dispute or case has the burden of proving the foreign law. The foreign law
is treated as a question of fact to be properly pleaded and proved as the judge or
labor arbiter cannot take judicial notice of a foreign law.
Jurisdiction and choice of law are two distinct concepts. Jurisdiction considers whether
it is fair to cause a defendant to travel to this state; choice of law asks the further
question whether the application of a substantive law which will determine the merits
of the case is fair to both parties. The power to exercise jurisdiction does not
automatically give a state constitutional authority to apply forum law. In this case, only
the first phase is at issue — jurisdiction. But petitioners in this case gave defenses in
relation to the choice of law. What they rather raised as grounds to question
jurisdiction are the principles of lex loci celebrationis and lex contractus, and the "state
of the most significant relationship rule." The Court finds the invocation of these
grounds unsound. Lex loci celebrationis relates to the "law of the place of the
ceremony" or the law of the place where a contract is made. The doctrine of lex
contractus or lex loci contractus means the "law of the place where a contract is
executed or to be performed." Under the "state of the most significant relationship
rule," to ascertain what state law to apply to a dispute, the court should determine
which state has the most substantial connection to the occurrence and the parties. In
a case involving a contract, the court should consider where the contract was made,
was negotiated, was to be performed, and the domicile, place of business, or place of
incorporation of the parties. This rule takes into account several contacts and
evaluates them according to their relative importance with respect to the particular
issue to be resolved.
No law has any effect, of its own force, beyond the limits of the sovereignty from which
its authority is derived. so sovereign is bound, unless by special compact, to execute
within his dominions a judgment rendered by the tribunals of another state, and if
execution be sought by suit upon the judgment or otherwise, the tribnual in which the
suit is brought, or from which executions is sought, is, on principle, at liberty to
examine into the merits of such judgment, and to give effect to it or not, as may be
found just and equitable.
Since the Court in HIlton found that French courts would not have enforced or
executed a judgment rendered in the United States, it therefore held that the French
judgment at issue should be nonconclusive in the United States.
As a general rule, a foreign corporation doing business in the Philippines without
license may not access our courts, however if the Filipino party to the contract with
said foreign corporation has knowledge as regards the lack of license of the foreign
corporation, then the foreign corporation can have access to our courts..
First Phil.,etc v CA, 252SCRA259 To begin with, forum-shopping originated as a concept in private international law,
where non-resident litigants are given the option to choose the forum or place wherein
to bring their suit for various reasons or excuses, including to secure procedural
advantages, to annoy and harass the defendant, to avoid overcrowded dockets, or to
select a more friendly venue. To combat these less than honorable excuses, the
principle of forum non conveniens was developed whereby a court, in conflicts of law
cases, may refuse impositions on its jurisdiction where it is not the most “convenient”
or available forum and the parties are not precluded from seeking remedies
elsewhere.