This case has been cited 5 times or more.
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2015-09-23 |
JARDELEZA, J. |
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| Additionally, the rule is that there is no judicial notice of any foreign law. As any other fact, it must be alleged and proved.[59] If the foreign law is not properly pleaded or proved, the presumption of identity or similarity of the foreign law to our own laws, otherwise known as processual presumption, applies. Here, US law may have been properly pleaded but it was not proved in the labor tribunals. | |||||
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2014-12-10 |
LEONEN, J. |
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| "Diligence of a good father of a family" is the standard of diligence expected of, among others, usufructuaries,[76] passengers of common carriers,[77] agents,[78] depositaries,[79] pledgees,[80] officious managers,[81] and persons deemed by law as responsible for the acts of others.[82] "The diligence of a good father of a family requires only that diligence which an ordinary prudent man would exercise with regard to his own property."[83] | |||||
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2014-11-19 |
PEREZ, J. |
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| It is well settled that foreign laws do not prove themselves in our jurisdiction and our courts are not authorized to take judicial notice of them. Like any other fact, they must be alleged and proved.[13] To prove a foreign law, the party invoking it must present a copy thereof and comply with Sections 24 and 25 of Rule 132 of the Revised Rules of Court[14] which read: SEC. 24. Proof of official record. The record of public documents referred to in paragraph (a) of Section 19, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by his deputy, and accompanied, if the record is not kept in the Philippines, with a certificate that such officer has the custody. If the office in which the record is kept is in a foreign country, the certificate may be made by a secretary of the embassy or legation, consul general, consul, vice- consul, or consular agent or by any officer in the foreign service of the Philippines stationed in the foreign country in which the record is kept, and authenticated by the seal of his office. | |||||
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2006-10-16 |
CHICO-NAZARIO, J. |
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| Certain principles of private international law should be considered herein because the property pledged was in the possession of an entity in a foreign country, namely, Citibank-Geneva. In the absence of any allegation and evidence presented by petitioners of the specific rules and laws governing the constitution of a pledge in Geneva, Switzerland, they will be presumed to be the same as Philippine local or domestic laws; this is known as processual presumption.[131] | |||||
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2001-10-02 |
PANGANIBAN, J. |
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| It is well-settled in our jurisdiction that our courts cannot take judicial notice of foreign laws.[43] Like any other facts, they must be alleged and proved. Australian marital laws are not among those matters that judges are supposed to know by reason of their judicial function.[44] The power of judicial notice must be exercised with caution, and every reasonable doubt upon the subject should be resolved in the negative. | |||||