This case has been cited 3 times or more.
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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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2014-11-12 |
BRION, J. |
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| On the other hand, property relations between spouses are governed principally by the national law of the spouses.[26] However, the party invoking the application of a foreign law has the burden of proving the foreign law. The foreign law is a question of fact to be properly pleaded and proved as the judge cannot take judicial notice of a foreign law. [27] He is presumed to know only domestic or the law of the forum.[28] | |||||
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2014-08-05 |
LEONEN, J. |
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| This provision is in line with the state's policy of affording protection to labor and alleviating workers' plight.[136] | |||||