MUNICIPAL LAWS, FOREIGN LAWS, AND THEIR VARIANCE - 21 PJP 21 (2024)
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Definition of municipal laws
As far as the Philippines is concerned, municipal laws refer to Philippine laws. Hence, the statement “municipal law points to the application of foreign law” refers to Philippine laws that call for the application of laws of countries other than the Philippines.
The term “law,” in its broad sense, refers to the 1987 Constitution, statutes passed by Congress, and decisions of the Supreme Court which form part of the law of the land. Executive issuances and implementing rules or regulations also have the force and effect of law although they are not laws in the strict sense.
The more particular term is “statute” which refers to laws passed by Congress. Philippine statutes, at present time, are normally tagged or named as “republic acts” (“RAs”).
Effect of variance between foreign law and municipal laws
As a rule, only municipal laws have force and effect in the Philippines. This is a reasonable rule as courts in the Philippines are courts of law. They are created by statutes passed by Congress and are bound by the same legal authority creating them.
However, due to the Philippines’ commitment to international comity, amity, and reciprocity, foreign laws may be given effect in the Philippines under certain circumstances. In general, there are three requisites for this to happen: (a) the case must contain a foreign element; (b) the relevant municipal law should point to the application of foreign law; and (c) the foreign law must be properly pleaded and proved.
All things being equal, there is no true dispute or problem if the laws of a foreign country are different from the laws of the Philippines. However, if either law points to the application of the other and if the foreign law is sufficiently pleaded and proved, such foreign law may be given effect within the territorial jurisdiction of the forum state.
The term “forum state” refers to the country in whose court the case is pending. The term “forum” refers to the court in whose dockets the case is pending.
The main concern of Philippine courts
The main concern of Philippine courts in trying a case, deciding it, or enforcing their judgment thereon is its force and effect within the territory of the Philippines. This is because the forum’s decisions generally do not extend their power beyond the territory of the forum state. In fact, when the law says “case,” “court,” “conviction,” “decision,” and the like, it necessarily refers to domestic laws, not foreign laws, unless the contrary is clearly expressed therein.
The main concern of foreign courts
The main concern of foreign courts in trying a case, deciding it, or enforcing their judgment thereon is its force and effect within the territory of that foreign country. As a rule, a foreign judgment has no force and effect within the Philippines unless the same is properly recognized by a Philippine court through the means allowed by the Rules of Court and by Philippine jurisprudence.
In other words, when a court decides a case, it normally does not concern itself with the laws of a foreign nation. Likewise, it typically does not concern itself with the execution, enforcement, and recognition of its judgment outside the territory of the forum state.
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