That Idonah and George be declared to have no claim on the
stocks 1. JURISDICTION OVER THE SUBJECT MATTER 4. That Eugene be awarded costs of sutit (competence) >>>Eugene's action is for ADJUDICATION OF TITLE TO -conferred by law or consti CERTAIN SHARES OF STOCKS OF BCMC AND THE GRANTING -based on the nature of the controversy OF AFFIRMATIVE RELIEFS = w/n CFI's jurisdiction -it is necessary that said power to try be properly invoked…by Idonah's prayer: filing a petition For recogition of NY judgment + issue execution = also w/n -cannot be conferred by consent of parties: decision is void CFI's jurisdiction if court exceeds its jurisdiction and power in rendering it On fear of Idonah that NY judgment be annuled… IDONAH PERKINS V. ROXAS COURT: it is a question that goes to the merits of the FACTS: controversy and relates to the rights of the parties as CFI case: between each other, and NOT TO THE JURISDICTION OR Original Action: Eugene Perkins vs. Benguet Consolidated POWER OF THE COURT Mining Co. (BCMC) for recovery of dividends payable to him, *TEST OF JURISDICTION: WON the tribunal has the power which was withheld by company to enter upon the inquiry, NOT Whether its conclusion in the BCMC (answer?): they withheld the payment because of course of it is right or wrong adverse claims by Idonah Perkins (yes, his wife) and George 1. WAYS OF DEALING WITH CONFLICTS PROBLEM Engelhard. 1. DISMISS CASE Amended Complaint: impleaded Idonah and George (both Doctrine of Forum non conveniens nonresidents) -courts may decline to try the case on the ground that the Service: summons by publication controversy may be more suitably tried elsewhere Idonah's ANSWER w/ cross complaint: NY judgment -literal interpretation: forum is inconvenient adjudged her the sole owner of said shares claimed by *Usual grounds when this was used by the court: Eugene >When plaintiff made the choice of the forum primarily to -alleged that NY Judgment is res judicata on all questions harass defendant by inflicting upon him unnecessary expense constituting the subject matter of the case and hardship in pursuing the remedy ISSUE: WON CFI had jurisdiction over the subject matter of >Where non-resident plaintiff chose the forum because he case felt that the jury verdicts were larger than in other for a HELD: YES. CFI had jurisdiction to determine if NY Judgment >When such would be burdensome on the court or taxpayers is indeed res judicata >When the parties are non-residents and there was a severe JURISDICTION OVER SUBJECT MATTER: backlog of cases when it perceived that jury duty, when the nature of the cause of action compulsory, should not be foisted on a community with no and of the relief sought, link with or interest in the litigation conferred by the sovereign authority which organizes the >when the court's local machinery was inadequate to court, effectuate a right, such as when it had no way of securing and is to be sought for in evidence and the attendance of willing witnesses general nature of its powers, Union Carbide Case (short summary, as mentioned) or in authority specially conferred -thousands of residents of Bhopal, India filed suit for Here: damages in NY as a result of a large scale accident in a Union Eugene's prayes is for Carbide Bhopal's chemical plant. 2. BCMC to recognize him as the owner of the shares of stocks H: US Court dismissed case based on forum non conveniens -the German citizens insured who are in US and Germany doctrine sued NY Insurance Company in US Court English and Scottish courts -they are arguing that since the court has jurisdiction of the -applied forum non conveniens when there was another subject matter + parties, it HAS NO DISCRETION but should available and ore appropriate forum, in which the ends of proceed w/ case… justice would be better served, by eliminating the vexatious regardless where the COA arose or oppressive character of the pending proceedings and by …or law by which it is controlled removing any unfairness to either party which would result …or difficulty the court would encounter in attempting to from trial in the forum seized of the case interpret and enforce a foreign contract *Avoid global forum shopping: filing of repetitious suits in …or interference w/ other business of the court courts of different jurisdiction over a case ISSUE: WON US courts are compelled to take -would result to different decisions by different courts cognizance of the dispute? First Philippine International Bank vs. Court of Appeals(short HELD: NO. summary, as mentioned) -both US and German are open and functioning and -forum-shopping originated from PRIL, where non-resident competent to take jurisdiction of the controversies litigants are given the option to choose the forum or place -service can be made upon the defendants in either of such wherein to bring the suit jurisdictions -why: BUT *to secure procedural advantages *to require NY Insurance Company to defend the actions in *to annoy and harass defendant this district would impose upon them great and unnecessary *to avoid overcrowded dockets inconvenience and expense *select a more friendly venue >produce in US numerous records, books, and papers, all of Wing On Company v. Syyap which are in daily use by it in taking care of current business -plaintiff's choice of forum should not be disturbed "unless (in GERMANY) the balance is strongly in favor of the defendant" *It would also cause inconveniences in US Courts HEINE V. NY INSURANCE COMPANY >consume months of time of court to try and dispose of it Facts >disarrange calendar, resulting in delay, inconvenience, and New York Insurance Company expense to other litigants -incorporated in NY *Forum non conveniens -has statutory agents in Oregon, upon whom summons were -The court has discretion to exercise jurisdiction. The courts made have repeatedly refused, in their discretion, to entertain -issued some 240 life insurance policies IN GERMANY, in jurisdiction in COA arising in a foreign jurisdiction, WHERE German Marks, for GERMAN CITIZENS BOTH PARTIES ARE NONRESIDENTS OF THE FORUM -as a condition to do business in Germany, they were -The courts of this country are established and maintained compelled to primarily to determine controversies between its own citizens (1) accede to the supervision and control of German and those having business there, and manifestly the court insurance officials may protect itself against a flood of litigation over contracts (2) invest the proceeds arising from German policies in made and to be performed in a foreign country… German securities IN RE: UNION CARBIDE (3) establish an office in Germany w/ an agent upon whom FACTS -December 23, 1984, lethal gas known as METHYL service can be made. ISOCYANATE was released from Union Carbide India Ltd in Bhopal, India. This killed over 2k persons, and injured over *operation and regulation of the plant 200k. *safety precautions -four days after, some 145 class actions in federal district *facts w/ respect to the accident itself courts in US were commenced on behalf of victims. The *deaths and injuries attributable to the accident Judicial Panel assigned the actions to the Southern District of 2. Conditions imposed not all sound NY, and were consolidated 1ST CONDITION: UCC must consent to the jurisdiction -India enacted the Bhopal Gas Leak Disaster (Process of of the Indian courts and waive defenses based on the Claims) Act which granted the Indian Government (Union of Statute of Limitations India or UOI) the exclusive right to represent the victims of -not unusual and has been imposed in numerous cases (to India or elsewhere. Pursuant to this, UOI filed a separate enable foreign court to provide adequate alternative) case before the Southern District Court of NY (different from 2ND CONDITION: agree to satisfy the Indian Court the class actions earlier consolidated) judgment, which comport with the minimal -UCC moved to dismiss the complaints: requirements of due process (1) forum non conveniens -proceeded on the erroneous assumption that absent such (2) lack of standing to bring the actions to represent the requirement, the plaintiffs might not be able to enforce a victims favorable judgment vs. UCC in US DC: grant MTD, with the following conditions NY Law, however, provides that it would render a "conclusive (1) UCC must consent to the jurisdiction of the Indian courts judgment" as final, conclusive and enforeceable, unless and waive defenses based on the Statute of Limitations (1) there's a violation of due process, partial tribunals (2) agree to satisfy the Indian Court judgment, which (2) no personal jurisdiction over defendant comport with the minimal requirements of due process -the NY DC cannot exercise authority over Indian courts (UCC (3) be subject to discover, under the Federal Rules of Civil alleged that there might be violation of its right to due Procedure in US process by Indian courts so US DC should retain authority to -UOI filed complaint in India vs. UCC and UCIL; the plaintiffs monitor the Indian court proceedings and be available on call in the civil case (or rather, the prosecutors) still appealed to rectify in some undefined way any abuses of UCC's right from the DC judgment, arguing: to due process): (1) UCC has domicile in US so US courts can exercise "ONCE IT DISMISSES THOSE PROCEEDINGS ON THE personal jurisdiction over the defendant GROUND OF FORUM NON CONVENIENS, IT CEASES TO HAVE (2) most crucial and probative evidence is located in US ANY FURTHER JURISDICTION OVER THE MATTER UNLESS HELD: AND UNTIL A PROCEEDING MAY SOME DAY BE BROUGHT TO 1. Dismissal forum non conveniens valid ENFORCE HERE A FINAL AND CONCLUSIVE INDIAN MONEY >Indian Citizen-Plaintiffs have revoked their authorizations JUDGMENT" of American counsels to represent them and substituted UOI. 3RD CONDITION: be subject to discover, under the UOI already filed with Indian court Federal Rules of Civil Procedure in US >Indian courts provide reasonably adequate alternative -unfair: should afford both parties (defendant UCC and forum plaintiff UOI) equal access to both evidence, treat both sides >though evidence in US: basic design programs, equally Most of the evidence in INDiA: *principal witnesses WING ON COMPANY V. SYYAP *documents bearing on the development and construction of -Wing On Company incorporated in NY the plant -Syyap Co., Inc. incorporated in RP *detailed designs -contract entered in NY: *implementation of plans for the purchase of clothing material, w/ verbal agreement *appropriateness of having the trial in a court that is familiar that Syyap would pay Wing On the value of the clothing with the applicable state law rather than getting another material, then after the sale, the profits would be divided forum enmeshed in a complicated conflict-of-laws problem between them WHEN CAN'T REFUSE TO EXERCISE JURISDICTION: -clothing materials worth $22,246.04 shipped from NY to *when the forum is the only state where jurisdiction over RP defendant can be obtained -only $3,530.04 paid. Syyap failed to settle debt and account *when the forum provides procedural remedies not available for profits. in another state -Wing On Company sued Syyap in RP. 2. ASSUME JURISDICTION TC: for Wing On GR: apply law of the forum Arguments of Syyap: 1. A specific law of the forum decrees that internal law (1) no jurisdiction: Wing On is not licensed to do business in should apply RP, no legal capacity to sue Civil Code (2) should have declined jurisdiction: forum non conveniens Article 16: makes real and personal proerty subject to the HELD law of the country where they are situated Affirm! Intestate and testamentary succession: governed by lex On Forum non Conveniens nationale of the person whose succession is under WHEN COURT WOULD DECLINE JURISDICTION BASED consideration ON FOUM NON CONVENIENS Article 829: makes revocation done outside the Philippines -Unless the balance is strongly in favor of the defendant, the valid according to the law of the place where the will was plaintiff's choice of forum should rarely be disturbed made or lex domicilli -Consideration of inadequacy to enforce the judgment Article 819: prohibits Filipinos from making joint wills even HERE: Defendant in the Philippines. So for the court to if valid in the country where they were executed assume jurisdiction over the person of the defendant, RP 2. The proper foreign law was not properly pleaded and Court is the convenient forum. proved -the present suit is a PERSONAL ACTION, the case may be -no Judicial notice of foreign law commenced and tried where the defendant resides or may Relevant rules of evidence: be found, or where the plaintiff resides, at the election of To prove written foreign law: follow requirements in Sec 24- the plaintiff. 25, Rule 132 Summary: should consider both public and private interests May be subject of judicial admission Private interests: Processual presumption - no proof nor admission, foreign law *relative ease of access to source of proof presumed to be the same as that in the Philippines *Availability of compulsory process for attendance of Rule 132 unwilling witnesses Section 19 - CLASSES OF DOCUMENTS *cost of obtaining and attendance off willing witnesses For the purpose of their presentation evidence, *possibility of viewing the premises if appropriate documents are either public or private. *all other practical problems that make trial of a case easy, PUBLIC DOCUMENTS are: expeditious, and inexpensive a. The written official acts, or records of the official Public Interest acts of the sovereign authority, official bodies *administrative difficulties encountered when courts are and tribunals, and public officers, whether of the congested Philippines, or of a foreign country; *jury duty: burden on community b. Documents acknowledge before a notary public tending to prove the truth of a matter stated therein if except last wills and testaments; and the court takes judicial notice, or a witness expert in c. Public records, kept in the Philippines, of private the subject testifies, that the writer of the statement documents required by law to the entered in the treatise, periodical or pamphlet is recognized in therein. his profession or calling as expert in the subject. All other writings are PRIVATE. Requisites: Section 24 - PROOF OF OFFICIAL RECORD 1. The court takes judicial notice thereof The record of public documents referred to in 2. The same is testified to by a witness expert in the paragraph (a) of Section 19, subject when admissible for any purpose, CA took judicial notice of the Ballantyne Scale of Values[1] may be evidenced by an official publication thereof or Legal treatises also included by a copy attested by the officer having the legal FLEUMER V. HIX custody of the record, or by his deputy, and FACTS: accompanied, if the record is not kept in the -Fleumer, the special administrator of Hix, presented the Philippines, latter's will for probate in the Philippines with a certificate that such officer has the custody. -the will did not show the following: If the office in which the record is kept is in foreign *acknowledgment by Hix in the presence of 2 competent country, witnesses the certificate may be made by a secretary of the *W subscribed to will in presence of testator, and of each embassy or legation, consul general, consul, vice other consul, or consular agent or by any officer in the -Fleumer wanted to present the said will, executed in West foreign service of the Philippines Virginia by Hix who was residing at the time there, in RP stationed in the foreign country in which the record is (not sure): Fleumer alleges that under W. Virginia law, will is kept, duly executed and authenticated by the seal of his office. TO PROVE W. Virginia law: submitted a copy of Section Section 25 - WHAT ATTESTATION OF COPY MUST 3868 of Act 1882 as found in West Virginia Code + Certified STATE by the Director of our National Library Whenever a copy of a document or record is attested HELD: Should prove foreign law first before courts of for the purpose of evidence, RP take cognizance the attestation must state, in substance, -no judicial notice, foreign laws must be proved as facts that the copy is a correct copy of the original, HERE: or a specific part thereof, as the case may be. -no showing that the book from which an extract was taken The attestation must be was printed or published under the authority of the State of under the official seal of the attesting officer, if there West Virginia be any, or -No attestation by the certificate of the officer having charge if he be the clerk of a court having a seal, under the of the original, under the seal of the State of West Virginia seal of such court. (Section 301, Code of Civil Procedure back then? Now … R132.24-25) To prove unwritten foreign law – Sec 46, Rule 130 -no evidence to show that the extract from the laws of West Section 46 - LEARNED TREATISES Virginia was in force at the time the alleged will was executed A published treatise, periodical or pamphlet on a + subject of history, law, science, or art is admissible as Due execution of the will was not established: only showed >Children and widow did not dispute the provisions of the testimony of the petitioner laws of State of Nevada PHILIPPINE TRUST CO. V. BOHANAN >>>SO HERE, court decided to take judicial notice of the FACTS Nevada law, as presented in the earlier stages of the case -C.O. Bohanan, citizen of Nevada, died with a Will. The case falls under any of the exceptions to the -Philippine Trust Co. was named executer of the will application of foreign law: -Will gave to *a grandson: P90,819.67 of the P211,639 + ...when foreign law is 1/2 of all shares of stock of several mining companies (1) contrary to an important public policy of the forum *brother and sister: 1/2 of all shares of stock of several (2) penal in nature mining companies (3) procedural in nature *Only P6k was left to each of his children (4) purely fiscal/administrative in nature -widow and 2 children of C.O. Bohanan questioned the (5) (will) work undeniable injustice to the citizens of the validity of the will in the hearing for the project of partition forum (will already admitted) (6) case involves real/personal property situated in theforum HELD: Even if Nevada law not proved in this stage of the (7) application of foreign law might endanger vital interest of proceeding, it was taken judicial notice of because Philippine the state (forum) Trust Co. already produced Section 9905 of the Compiled (8) contrary to good morals Nevada laws twice before the courts below. As Nevada law does not impose compulsory heirs, project partition valid Discussion -Old Civil Law applicable: died 1944 while NCC applied 1945 Old civil code provides that the ff would be governed by the national law of the person whose succession is in order: *order of succession *extent of successional rights *intrinsic validity of provisions of the will -Here, CO Bohanan was a NEVADAn citizen. -Nevada laws allow a testator to dispose of all his properties by will. -to prove foreign law: Section 41: an official record/entry…may be evidenced by *official publication *copy attested by the officer having legal custody of the record, or by his deputy + (if not kept in RP) certificate that such officer has custody -HOW NEVADA LAW recognized >During the October 1954 hearing of the Motion of Magdalena Bohanan for withdrawal of ther P20k share, Nevada Law was introduced as Exhibit 2 >During the January 1950 hearing, law was presented as Exhibit B