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Aug 22, 2020 · Date Published: August 22, 2020. Under Article 9 of the New Civil Code of the Philippines, "No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws." On the other hand, Article 10 says: "In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking ...
This country-specific Q&A provides an overview of Enforcement of Judgments in Civil and Commercial Matters laws and regulations applicable in Philippines. Mexico: Enforcement of Judgments in Civil and Commercial Matters. Singapore: Enforcement of Judgments in Civil and Commercial Matters.
The Philippine Supreme Court has ruled in BPI Securities Corporation v. Guevara (G.R. No. 167052, March 11, 2015) that the recognition and enforcement of a foreign judgment or final order requires only proof of fact of the said judgment or final order and that, once proven, it would enjoy a disputable presumption of validity, i.e. with regard ...
Oct 23, 2020 · D. Ordinary Judgment 1. No judge should decline to render judgment by reason of the silence, obscurity, or insufficiency of the law. [174] 2. The court is not required to state in its decision all the facts found in the records. It is enough that the court states the facts and law on which its decision is based. [175]
Sep 29, 2020 · A judgment on compromise agreement is immediately final and executory; this general rule, however, allows for exceptions: (1) the correction of clerical errors; (2) the so-called nunc pro tunc entries which cause no prejudice to any party; (3) void judgments; and (4) whenever circumstances transpire after the finality of the decision rendering ...
Sep 26, 2019 · Foreign judgments may be enforced in the Philippines under procedural rules or jurisprudence (Mijares v Ranada, 455 SCRA 397 (2005)). Section 48, Rule 39 of the Rules of Court primarily governs ...
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Anent the third element, a judgment may be considered as one rendered on the merits when it determines the rights and liabilities of the parties based on the disclosed facts, irrespective of formal, technical or dilatory objections; or when the judgment is rendered after a determination of which party is right, as distinguished from a judgment rendered upon some preliminary or formal or merely ...
