Respondent: Court of Appeals and Phil. President Lines Inc. Concept: Proof of law Digest by Kat Brief Facts: A vessel owned by Phil. President Lines was in the Orinoco River in Venezuela when it ran aground. Because of that, a vessel owned by Wildvalley could not sail out. Wildvalley filed a suit with the RTC of Manila, where it won, but the CA reversed the judgment. Doctrine: Foreign laws do not prove themselves in our jurisdiction and our courts are not authorized to take judicial notice of them. They must be alleged and proved according to the Rules of Court. ISSUES: 1. Is Venezuelan law applicable to the case? (YES) 2. Was there negligence on the part of PPL that would warrant damages? (NO) RATIO: 1. Foreign laws do not prove themselves in our jurisdiction and our courts are not authorized to take judicial notice of them. They must be alleged and proved. 2. Proving a written law falls under Rule 132, Sec. 241. An unwritten law may be proved through the oral testimony of expert witnesses, printed and published books of reports of decisions of the courts of the country if proved to be commonly admitted in such courts. 3. The court has interpreted Sec. 24 to include competent evidence like the testimony of a witness to prove the existence of a written foreign law. 4. Williamette Iron & Steel Works v. Muzzal: The foreign law is a matter of fact. You ask the witness what the law is; he may, from his recollection, or on producing and referring to books, say what it is.
pilots for maneuvering and navigating the Orinoco
River. He is also in charge of the documents in the office of the harbor masters. His competency in testifying on the existence of the Reglamento General de la Ley de Pilotaje (pilotage law of Venezuela) and the Reglamento Para la Zona de Pilotaje No 1 del Orinoco (rules governing the navigation of the Orinoco River) is not disputed. 6. However, the written laws were not proven in the manner provided by Sec. 24. 7. The Reglamento General de la Ley de Pilotaje was published in the Gaceta Oficial and the Reglamento Para la Zona de Pilotaje No 1 del Orinoco published in a book issued by the Ministerio de Comunicaciones, but only photocopies were presented. Both are considered public documents. 8. For a copy of a foreign public document to be admissible: a. It must be attested by the officer having legal custody of the records or by his deputy. b. It must be accompanied by a certificate by a secretary of the embassy or legation, consul general, consul, vice consular or consular agent or foreign service officer, and with the seal of his office. The latter requisite is intended to justify the giving of full faith and credit to the genuineness of a document in a foreign country. 9. Capt. Monzon, who attested the documents, should be the officer who had legal custody of those records. No such certificate could be found. 10. With respect to proof of written laws, parol proof is objectionable. Written law itself is the best evidence a duly authenticated copy of the statute. 11. The Venezuelan law was not pleaded before the lower court according to the complaint. A foreign law is considered to be pleaded if there is an allegation in the pleading about the existence of the foreign law, its import and legal consequence on the event or transaction in issue. DISPOSITIVE: Petition denied. CA decision affirmed.
5. Capt. Oscar Leon Monzon, Assistant Harbor
Master and Chief of Pilots at Puerto Ordaz has held said posts for 8 years and is in charge of designating
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.
Deposition of former Save-A-Life Foundation (SALF) founder/president Carol J. Spizzirri, Melongo v. Spizzirri et al, case no. 13-CV-04924, US District Court, Northern District of Illinois (May 11, 2018)