Doctrine of Forum Non Conveniens

Principle: Rule on Forum Non Convenience

Manila Hotel Corp v NLRC GR No. 120077, October 13, 2000
Mr. Santos was directly hired and retrenched
Philippines can also be an inconvenient forum

Reasons:
1. Directly hired
2. xxxxx
3. Lex loci contractus
4. No power to determine the facts

Principle: Forum Non Convenience is not a ground to dismiss a complaint

Pioneer Concrete Philippines, Inc. V Todaro GR No. 154830, June 8, 2007

PhilSec Investment Corp.

Lawyer: Reply and cite as an Affirmative defense, do not move for dismissal since not a ground
for MTD

FOREIGN JUDGMENT

Rule 39, Sec 48 ROC

Philippine Aluminum v FAGSI, Enterprises GR No. 137378

Effects of Foreign Judgment in Philippine Law

Sec 48, Rule 39 of the ROC
Specific thing - in rem action

Due process/ Opportunity to be Heard

No need to relitigate but just prove want of jurisdiction, want of justice to the party
Extrinsic fraud is being proved here (failure to attend the hearing); not intrinsic fraud

Nature and Effects of Foreign Judgments > Sec 19

Which court has jurisdiction over the complaint for the enforcement of foreign judgment? RTC >
the court of general jurisdiction
Mijares v Ranada 455 SCRA 397 (Human Rights violations) Payment of docket fees (huge
amount since the claim was also a huge amount; docket fee is jurisdictional)
PAGCOR employees >

WHO HAS JURISDICTION? Sample: PAGCOR

Without Charter
With Charter
Without Original Charter > Corporation Code
With Original Charter >

Fujiki v Marinay, June 26, 2013 (Bigamous Marriage) > For the enforcement of Foreign or Japan
Judgment as part of the Comity of Nations
What is needed to be proven?

Issue: WN the former husband can

DISTINCTION:
Cause of action;
1. arising from the enforcement of a foreign judgment > the COA is to enforce the judgment

2. And that arising from the facts or allegations that occasioned the foreign judgment > the COA
is _______

Rule 108 > Petition for the Recognition > Change and Correction of Entries
Sto. Tomas v Geron

Basis of Enforcement of Foreign Judgment

Comity and GAAP of International Law > Opinio Juris > Accept it as a fact

Docket fee xxxxxxxxxxxxxxxxxxxxxx RUle 141 (Section __ (b)

Distinction between Recognition and Enforcement

Recognition
Enforcement

Recognition of Foreign Judgment

Oil and Natural Gas v CA

Principle: Conclusiveness of Foreign Judgment

PHILSEC Investment v CA, 274 SCRA 102

Principle: Philippine courts cannot substitute the judgment

Fujiki v Marinay
2 Conflicting Decisions of the Court > Reconcile these cases
Fujiki v Marinay
Ruel v Rodriguez
Rule 39, Sec 48 of the ROC

An action for the enforcement of judgment on the nullity of marriage

TRADEMARKS

RA 8293 IPL of the Philippines

Sec 3 of RA 8293 > Any person xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx > Reciprocity Principle

Foreign Element
Well-known marks

Sec 123 of IPL > A mark cannot be registered if xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Letter e xxxxxxxxxxxxxxxxxxxxxx
Letter f xxxxxxxxxxxxxxxxxxxxxx
Letter g

Sec 31 Priority Right > An application for xxxxxxxxxxxxxxxxxxxxxxxxxxxx

Sec 35????

Correlate with Sec 123 paragraph b/d/e? > A mark xxxxxxxxxxxxxxx

Prior use is not necessary for registration; it must be well-known

C
Harvard University v ______

All that is needed is that the mark must be well known internationally or in the Philippines.
Rule or Section 102 > Criteria for Well-known marks
Know the exceptions to the rule

DTI has