Originally from Enforcement of Money Judgments

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I. PRESENT ATTITUDE TOWARD ENFORCEMENT OF FOREIGN MONEY JUDGMENTS

A. Describe the receptiveness of your government (including courts) toward enforcement of foreign money judgments. 

The Philippine government is receptive towards enforcement of foreign judgment. The legal provision for enforcement of foreign judgment is found in Sec. 48, Rule 39 of the Revised Rules of Court, which provides:

“Sec. 48. Effect of foreign judgments or final orders. – The effect of a foreign 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 a judgment or final order upon a specific thing, the judgment or final order is conclusive upon the title to the thing;

(b) In case a judgment of 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 want of jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law or fact.”1 

Recently,2 Administrative Matter No. 00-8-10-SC, was enacted by the Supreme Court of the Philippines under its rule-making power. The said judicial enactment is otherwise known as the Rules of Procedure on Corporate Rehabilitation. The provisions of the rules apply to petitions for rehabilitation of corporations, partnerships, and associations.3 Rule 7 thereof provides for recognition of foreign proceedings. The rule applies where: