4/29/2020
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[53] Id., Sec. 9.
[54] Id., Sec. 11-15.
[55] Id., Sec. 17-18.
[56] Id., Sec. 19 and 22-23.
[57] Mijares v. Rañada, 495 Phil. 372, 386 (2005) citing Eugene Scoles & Peter Hay,
Conflict of Laws 916 (2nd ed., 1982).
[58] Id.
[59] Id. at 386.
[60] Civil Code, Art. 17. x x x
xxxx
Prohibitive laws concerning persons, their acts or property, and those which have for
their object public order, public policy and good customs shall not be rendered
ineffective by laws or judgments promulgated, or by determinations or conventions
agreed upon in a foreign country.
[61] Mijares v. Rañada, supra note 57 at 386. “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
be increased by never-ending litigation of the same disputes, and – in a larger sense –
to promote what Lord Coke in the Ferrer’s Case of 1599 stated to be the goal of all law:
‘rest and quietness.’” (Citations omitted)
[62] Mijares v. Rañada, supra note 57 at 382. “The rules of comity, utility and
convenience of nations have established a usage among civilized states by which final
judgments of foreign courts of competent jurisdiction are reciprocally respected and
rendered efficacious under certain conditions that may vary in different countries.”
(Citations omitted)
[63] 43 Phil. 43 (1922).
[64] Corpuz v. Sto. Tomas, G.R. No. 186571, 11 August 2010, 628 SCRA 266, 280;
Garcia v. Recio, 418 Phil. 723 (2001); Adong v. Cheong Seng Gee, supra.
[65] FAMILY CODE, Art. 26. x x x
Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a
divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55916
18/22
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