Can we use foreign laws in the Philippines?

Under the Constitution of the Philippines international law has been accorded a privileged status. Treaties and customary international law are part of the law of the land. Executive agreements have also been accorded domestic legal status, within important limitations.

Is our law applicable to foreign countries in the Philippines?

WHEREAS, under the Constitution the Philippines adopts the generally accepted principles of international law as part of the law of the land, and adheres to the policy of peace, equality, justice, freedom, cooperation and amity with all nations; … — This Decree shall be known as the “Philippine Extradition Law.”

How is a foreign law proven in the Philippines?

Since a foreign judgment is considered a public document under Rule 132 of the Rules of Court, Section 19 in relation to Section 24 thereof requires proof, either by (1) an official publication or (2) a copy attested by the officer having legal custody of the document.

Can courts apply foreign law?

In any case in which foreign law applies, the law must be pleaded and proved as a fact to the satisfaction of the judge by expert evidence or sometimes by certain other means. In the absence of satisfactory evidence of foreign law, the court will apply English law to such a case.

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How do you prove a written foreign law in the Philippines?

Under Sections 24 and 25 of Rule 132 of the Rules on Evidence, a writing or document may be proven as a public or official record of a foreign country by either (1) an official publication or (2) a copy thereof attested by the officer having legal custody of the document.

Can our law be used to prosecute foreigner?

Using a growing body of law that allows the United States to prosecute foreign citizens for some actions, the government has been turning the federal courts into international law-enforcement arenas.

Can a foreigner own land in the Philippines?

Philippine real estate law does not allow outright ownership of real property by foreign nationals. Filipinos and former Filipino citizens and Philippine majority owned corporations are permitted to own land, buildings, condominiums and townhouses.

Can I file a case against a foreigner?

Yes, you can file case against him.

What need not be proved?

CONCEPT: Refers to the act of the court in taking cognizance of matters as true or as existing without need of the introduction of evidence, or the authority of the court to accept certain matters as facts even if no evidence of their existence has been presented.

How foreign judgments can be enforced?

A foreign judgment passed by a court of a non-reciprocating country can only be enforced by filing a new suit in India where the foreign decree is merely a piece of evidence with persuasive value. Therefore, the judgment debtor can raise the claim of res judicata and stay the suit at the preliminary stage.

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