“This is to prove that the judgment is valid and authentic.”
“This is to prove that the judgment is valid and authentic.”
Under the Rules on Recognition and Enforcement of Foreign Decisions or Judgments on Support, a foreign judgment or decision is defined as one that is rendered by the judicial or administrative authority of another Country or State on an issue of support. It shall include a settlement or agreement in writing on the payment of support approved by the judicial or administrative authority (Section 17, Rule III, A.M. No. 21-03-02-SC).
The most common question is why a winning party in a foreign judgment will have to go through another legal proceeding to have it recognized or enforced in the Philippines. This is to establish that the respondent joined the proceedings, or if he or she did not participate, that notice was properly given; and that the foreign court or administrative agency had authority to pass judgment based on the facts and law.
In simpler words, it is to prove that the foreign judgment is valid, authentic, and the awarding of support may be enforced and satisfied in the Philippines by way of garnishment of funds or deposits, levy on properties, deduction from the salary, or withholding of pension or retirement of the person obligated to give support.
Any person entitled to support by reason of a foreign decision or judgment may file a petition for its recognition and/or enforcement. The petitioner may be assisted by the Public Attorney’s Office (PAO) upon proper request or application, made pursuant to its mandate under the law (Section 17, Rule III).
A petition may be filed in the court of the place where the petitioner or respondent resides, at the election of the petitioner. It may also be filed in the court of the place where the properties of the respondent are located, if the respondent does not reside in the Philippines or if his or her whereabouts are unknown (Section 18, Rule III).
The filing of the Petition for recognition and/or enforcement of a foreign judgment of support may be daunting to those who are not familiar with the procedures in court, but the Rules for Recognition or Enforcement of Foreign Judgment of Support have been streamlined by the Supreme Court to simplify its application and procedure.
The verified petition must allege: (a) the names, addresses, email addresses, and dates of birth of the petitioner and the respondent; (b) the name and date of birth of the person for whom support is sought; (c) the basis of the petition; (d) the enforceability of the foreign decision or judgment in the State where it was rendered; and (e) the financial circumstances of the petitioner and respondent, including the name and address of the employer of the respondent, and the nature and location of the latter’s assets (Section 19, Rule III).
The verified petition shall be accompanied by: (a) the complete text of the judgment or decision and related supporting documents duly authenticated or apostilled by the authorized official of the State where the judgment or decision was rendered; and (b) a certification from the appropriate judicial or administrative Ҭauthority stating that the judgment or decision is enforceable in the State where it was rendered (Section 20, Rule III).
The petition must also contain a verified statement that the respondent had proper notice of the proceedings in the State where the judgment or decision was rendered, and was given an opportunity to be heard and to challenge or appeal the decision on fact and law. A document showing the amount of any arrears and the date the amount was computed should also be appended (Section 20, Rule III).
Within five (5) calendar days from the receipt of the petition, the court Ҭshall set the case for hearing not later than thirty (30) calendar days Ҭfrom its filing. The court shall send notices to the petitioner and respondent. The notice shall include an order directing the respondent to file a Ҭverified comment within five (5) calendar days from receipt thereof (Section 21, Rule III).
However, if the petition is not sufficient in form and substance, or manifestly contrary to law or public policy, the court may, motu proprio, dismiss the petition. The court shall deny the petition if the bases for recognition and Ҭenforcement of the judgment or decision do not exist under Section 23, or if there are grounds for refusing the recognition and enforcement as stated in Section 24 of the Rule (Section 21, Rule III).
The petition shall also be denied if from the face of the documents submitted, there are concerns relating to their authenticity or integrity. The court may likewise deny the petition if support has already been given and fulfilled, or the obligation has been extinguished under Philippine law (Section 21, Rule III).
The foreign judgment or decision for support shall be recognized and enforced if it meets any of the following criteria: (a) either the petitioner or the respondent was a habitual resident in the State where the decision was rendered at the time proceedings were instituted; or (b) the respondent had submitted to the jurisdiction of the judicial or administrative authority of another State, either expressly or by defending the merits of the case without objecting to the jurisdiction at the first available opportunity (Section 23, Rule III).
The court may refuse recognition and/or enforcement if the foreign judgment or decision sought to be recognized or enforced is contrary to law or public policy; or if it was obtained through fraud in connection with a matter of procedure. Recognition or enforcement can also be refused if there is another proceeding in another court between the same parties and for the same purpose (Section 24, Rule III).
The court may also refuse to recognize and/or enforce the decision if: (a) it is incompatible with a decision rendered by another court; (b) the respondent was not notified or represented in the court or administrative proceedings of the State which rendered the decision; or (c) the respondent was not notified of the decision and was not given the opportunity to challenge or appeal the same (Section 24, Rule III).
A decision granting a petition for recognition and/or enforcement of a Ҭforeign decision or judgment shall be rendered by the court after the Ҭrespondent has been duly and promptly notified of the proceedings and Ҭboth parties have been given an adequate opportunity to be heard (Section 25, Rule III).
It is important to note that the Philippine court shall not hear and try the case again because it is bound by the findings of fact of the foreign court or administrative agency. There shall be no review of the merits of the foreign decision or judgment. (Section 25, Rule III).
For this purpose, Philippine courts will only determine whether: (1) the foreign judgment is inconsistent with an overriding public policy in the Philippines; and (2) any alleging party is able to prove an extrinsic ground to repel the foreign judgment, i.e. want of jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law or fact. If there is neither inconsistency with public policy nor adequate proof to repel the judgment, Philippine courts should, by default, recognize the foreign judgment as part of the comity of nations (Fujiki v. Marinay, G.R. No. 196049, June 26, 2013).
Section 48(b), Rule 39 of the Rules of Court provides that a foreign judgment or final order against a person creates “presumptive evidence of a right as between the parties and their successors in interest by a subsequent title.” Thus, Philippine courts exercise limited review on foreign judgments. The rule on limited review embodies the policy of efficiency and the protection of party expectations, as well as respects the jurisdiction of other states (Fujiki v. Marinay, G.R. No. 196049, June 26, 2013 citing Mijares v. Rañada).
The decision becomes final upon the expiration of fifteen (15) calendar Ҭdays from giving notice to the parties. No motion for reconsideration or new Ҭtrial shall be allowed but the aggrieved party may file a Notice of Appeal within fifteen (15) calendar days from receipt of the decision, and must serve a copy thereof to the adverse party (Sections 25 and 26, Rule III).
An appeal may only be filed on the following grounds: (a) the absence of bases for recognition and enforcement as enumerated in Section 23 of the Rule; (b) the existence of grounds to refuse recognition and enforcement under Section 24 of the Rule; (c) the presence of questions or issues regarding the authenticity or integrity of the foreign judgment or decision or any of documents required under Section 19 of the Rule; or (d) the prior fulfillment of the obligation to give support (Section 26, Rule III).
An appeal shall not stay the enforcement of the decision, unless a restraining order has been issued by the appellate court (Section 27, Rule III). A final and executory judgment shall be promptly enforced without the need for further action by the petitioner, pursuant to the execution and enforcement measures under Section 16 of the Rule (Section 28, Rule III).
The Rules on Recognition and Enforcement of Foreign Decisions or Judgments on Support addresses the need for support of those who are entitled to it, in an expeditious manner. Furthermore, the Rules were crafted in order not to oppress and make it burdensome for the claimant of support, thereby promoting the speedy delivery of support to its intended recipients.