Mijares v.
Ranada (2005)
Doctrine:
There is an evident distinction between a foreign judgment in an action in rem
and one in personam.
It is essential that there should be an opportunity to challenge the foreign
judgment, in order for the court in this jurisdiction to properly determine its
efficacy.
It is usually necessary for an action to be filed in order to enforce a foreign
judgment.
The party attacking a foreign judgment has the burden of overcoming the
presumption of its validity.
The actionable issues are generally restricted to a review of jurisdiction of the
foreign court, the service of personal notice, collusion, fraud, or mistake of fact
or law.
FACTS
Petitioners in this case are prominent victims of human rights violations during
the martial law, who were deprived of the opportunity to directly confront the
man who once held absolute rule over this country, have chosen to instead
claim from Marcos estate.
Now, the trial court has interfered as it required the petitioners to pay a filing
fee of P472 MILLION in order that the be able to enforce a judgment awarded
by them by a foreign court.
o Basically, complaint was filed with the US District Court of Hawaii,
against the estate of Ferdinand Marcos.
o This was brought by 10 Filipino citizens who each alleged having
suffered human rights abuses such as arbitrary detention, torture, and
rape in the hands of the military.
o Alien Tort Act was invoked as basis for US jurisdiction over the
complaint.
o Eventually, Judge Real of the US court rendered a Final Judgment
awarding the plaintiff class a total of P1,964,005,859 (P1.964 B YES
BILLION)
o This was affirmed by the US CA.
The present petitioners now filed Complaint with the RTC of Makai for the
enforcement of the Final Judgment.
The Marcos estate filed a motion to dismiss raising, among others, the non-
payment of the correct filing fees.
Judge Ranada dismissed the complaint without prejudice.
o MR was filed but also denied.
Petitioners now come to the SC for Petition for Certiorari under Rule 65.
ISSUE + RULING
WON the Final Judgment from the US Distrcit Court can be subject of a write of
execution suit here in the Philippines. YES.
There is an evident distinction between a foreign judgment in an action in rem
and one in personam.
o For an action in rem, the foreign judgment is deemed conclusive upon
the title to the thing.
o In an action in personam, the foreign judgment is presumptive, and not
conclusive, of a right as between the parties and their successors in
interest by a subsequent title.
o In both cases, the foreign judgment is susceptible to impeachment in
our local courts on the grounds of want of jurisdiction or notice to the
party, collusion, fraud, or clear mistake of law or fact.
It is essential that there should be an opportunity to challenge the foreign
judgment, in order for the court in this jurisdiction to properly determine its
efficacy.
Thus, the party aggrieved by the foreign judgment is entitled to defend against
the enforcement of such decision in the local forum.
It is essential that there should be an opportunity to challenge the foreign
judgment, in order for the court in this jurisdiction to properly determine its
efficacy.
It is usually necessary for an action to be filed in order to enforce a foreign
judgment.
The party attacking a foreign judgment has the burden of overcoming the
presumption of its validity.
The actionable issues are generally restricted to a review of jurisdiction of the
foreign court, the service of personal notice, collusion, fraud, or mistake of fact
or law.
The limitations on review is in consonance with a strong and pervasive policy
in all legal systems to limit repetitive litigation on claims and issues.
Otherwise known as the policy of preclusion, it seeks to protect party
expectations resulting from previous litigation, to safeguard against the
harassment of defendants, to insure that the task of courts not to be increased
by never-ending litigation of the same disputes, and to promote the goal of all
law: rest and quietness.
If every judgment of a foreign court were reviewable on the merits, the plaintiff
would be forced back on his/her original cause of action, rendering immaterial
the previously concluded lititgation.
