Recognition of Foreign Judgements
The legal practice of recognizing foreign judgments in the Philippines is governed primarily by Rule 39, Section 48 of the Rules of Court. This practice area facilitates the local "importation" of rights established by a foreign court, ensuring that justice obtained abroad is not rendered moot by international borders.
The Philippine court does not re-try the merits of the case; its role is limited to verifying that the foreign court had jurisdiction and that the judgment does not violate Philippine public policy.
SCOPE OF SERVICES
Petition for Recognition and Enforcement
Drafting and filing the formal special proceeding or civil action in the Regional Trial Court (RTC).
Authentication & Apostille Coordination
Assisting clients in obtaining the necessary "chain of authentication" for foreign documents, ensuring they meet Philippine evidentiary standards (including coordination with Philippine consulates or the Apostille process).
Proof of Foreign Law
Securing expert testimony or official documentation to prove the foreign law under which the judgment was rendered (a mandatory requirement in divorce and corporate cases).
Asset Discovery and Investigation
Identifying real or personal property within the Philippines belonging to the judgment debtor to ensure the judgment can actually be satisfied.
Petitions for Support
Under new Supreme Court rules (A.M. No. 21-03-02-SC), providing specialized expedited services for the recognition of foreign child or spousal support orders.
Enforcement and Execution
Filing for a "Writ of Execution" once the recognition is granted, enabling the court sheriff to garnish bank accounts or levy property.
Defense Against Foreign Judgments
Representing respondents in "repelling" a foreign judgment by proving grounds such as lack of notice, collusion, or clear mistake of law/fact.
