‘Recognition of foreign judgment’ on arbitral ruling may be filed at SC, says Escudero
MANILA, Philippines — A petition recognizing the 2016 arbitral ruling may be filed before the Supreme Court so no president could alter this historic victory of the Philippines against China.
Senator Francis “Chiz” Escudero raised this suggestion on Thursday even after the Senate adopted a resolution, urging government to take appropriate actions against China for its actions in the West Philippines Sea.
One of the courses of action listed in the resolution is to raise the issue before the United Nations General Assembly (UNGA).
Escudero is opposing this action, though he voted in favor of the resolution.
Instead of bringing the issue before the UNGA, he said a “special action for recognition of foreign judgment” may be filed at the Supreme Court.
“Walang ganitong uri ng aksyon kaugnay ng arbitral ruling pero merong parallel o analogy ito sa Article 26 ng Family Code,” he said at the regular Kapihan sa Senado.
(Theres is no such action related to the arbitral ruling, but there is a parallel or analogy to it in Article 26 of the Family Code.)
Escudero explained that under the Family Code, a Filipino who was divorced by a foreigner may apply i for recognition of the foreign judgment.
This means, he said, the decision made in another country would be recognized in the Philippines without filing an annulment.
“By analogy, ang isang pwedeng pag-aaralan ng Office of the Solicitor General ay maghain ng isang petition sa Korte Suprema para sa recognition of foreign judgement, ang tinutukoy ko ay ang arbitral ruling,” Escudero said.
(By analogy, the Office of the Solicitor General may consider filing a petition with the Supreme Court for the recognition of a foreign judgment—I’m referring to the arbitral ruling.)
“Bakit mahalaga yun? Dahil baka mamaya magkaroon tayo ng presidente na biglang baligtarin, hindi sundin o iba ang gawin kaugnay ng arbitral ruling. Kung may pasya ang Korte Suprema na kinikilala ang arbitral ruling dito sa ating bansa, yan ay magiging bahagi na ng batas sa Pilipinas,” he said.
(Why is it important? Because we might have a president who might suddenly reverse, not follow, or take a different action regarding the arbitral ruling. If the Supreme Court recognizes the arbitral ruling here in our country, that will become a part of the law in the Philippines.)
Citing the Constitution, Escudero said, all final decisions of the court, specially of the Supreme Court, shall form part of the law of the land.
The senator said he already discussed this proposal to Senate Minority Leader Aquilino “Koko” Pimentel III and Senator Risa Hontiveros before the approval of the resolution last Tuesday.
“The answer given to me was that it’s now open, its not limited…All options are open and it’s not limited to merely the filing of resolution for approval by the UNGA,” Escudero said.