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Nedlloyd v.

Glow Laks (Short title) the officer having the legal custody of the record, or by his deputy, and accompanied,
GR # 156330 | November 19, 2014 if the record is not kept in the Philippines, with a certificate that such officer has the
Petitioner: Nedlloyd Lijnen B.V. Rotterdam and the East Asiatic Co., Ltd. custody. If the office in which the record is kept is in foreign country, the certificate
Respondent: Glow Laks Enterprises, Ltd. may be made by a secretary of the embassy or legation, consul general, consul, vice
(Rule 132, Section 24) 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
FACTS seal of his office.

1. Nedlloyd is a foreign corporation engaged in the business of carrying goods RULING & RATIO
by sea and is doing business in the Philippines thru East Asiatic. 1. No.
2. Glow Laks is Hong Kong corporation which is not licensed to and is not 1. It is well settled that foreign laws do not prove themselves in our jurisdiction
doing business in the Philippines. and our courts are not authorized to take judicial notice of them.
3. Glow Laks loaded on board M/S Scandutch at the Port of Manila a total 343 2. Like any other fact, they must be alleged and proved. To prove a foreign law,
cartoons of garments, complete and in good order for pre-carriage to the the party invoking it must present a copy thereof and comply with Sections
Port of Hong Kong. The goods arrived in good condition and were 24 and 25 of Rule 132 of the Revised Rules of Court.
transferred to M/S Amethyst for final carriage to Colon, Free Zone, Panama. 3. For a copy of a foreign public document to be admissible, the following
4. Both vessels are owned by Nedlloyd. The goods which were valued at requisites are mandatory: (1) it must be attested by the officer having
US$53,640.00 was agreed to be released to the consignee Pierre Kasem legal custody of the records or by his deputy; and (2) it must be
upon presentation of the original copies of the covering bills of lading. accompanied by a certificate by a secretary of the embassy or legation,
5. Upon arrival, Nedlloyd purportedly notified the consignee and its custody consul general, consul, vice-consular or consular agent or foreign
was turned over to the National Ports Authority in accordance with the laws, service officer, and with the seal of his office.
customs regulations and practice Panama. 4. Contrary to the contention Nedlloyd, the Panamanian laws were not duly
6. Unauthorized persons managed to forge the covering bills of lading and on proven in accordance with Rules of Evidence and as such, it cannot govern
the basis of such, the ports authority released the goods. the rights and obligations of the parties in the case at bar.
7. Glow Laks filed a formal claim with Nedlloyd for the recovery of the amount 5. While a photocopy of the Gaceta Official of the Republica de Panama was
representing the invoice value of the shipment but to no avail. presented as evidence during the trial of the case below, the same however
8. Claiming that Nedlloyd are liable for the misdelivery, Glow Laks initiated a was not accompanied by the required attestation and certification.
Civil Case before the RTC seeking for the recovery of the amount including 6. It is explicitly required by Section 24, Rule 132 of the Revised Rules of Court
the legal interest from the date of the first demand. that a copy of the statute must be accompanied by a certificate of the officer
9. In disclaiming liability, Nedlloyd asserted that they were never remiss in their who has legal custody of the records and a certificate made by the secretary
obligation as a common carrier and the goods were discharged in good of the embassy or legation, consul general, consul, vice-consular or by any
order and condition into the custody of the National Ports Authority of officer in the foreign service of the Philippines stationed in the foreign
Panama in accordance with the Panamanian law. country, and authenticated by the seal of his office.
10. They averred that they cannot be faulted for the release of the goods to 7. The latter requirement is not merely a technicality but is intended to justify
unauthorized persons, their extraordinary responsibility as a common carrier the giving of full faith and credit to the genuineness of the document in a
having ceased at the time the possession of the goods were turned over to foreign country.
the possession of the port authorities. 8. Under the rules of private international law, a foreign law must be properly
11. After the Pre-Trial Conference, trial on the merits ensued. Both parties pleaded and proved as a fact. In the absence of pleading and proof, the laws
offered testimonial and documentary evidence. of the foreign country or state will be presumed to be the same as our local
12. RTC dismissed of the complaint but granted the counterclaims. or domestic law. This is known as processual presumption.
13. On appeal, CA reversed the findings and held that foreign laws were not 9. While the foreign law was properly pleaded in the case at bar, it was,
proven in the manner provided by Section 24, Rule 132 of the Revised Rules however, proven not in the manner provided by Section 24, Rule 132 of the
of Court, and therefore, it cannot be given full faith and credit. Revised Rules of Court. The decision of the RTC, which proceeds from a
disregard of specific rules cannot be recognized.
ISSUE/S
1. W/N there is no need to prove Panamanian laws because they had been DISPOSITION WHEREFORE, premises considered, the petition is hereby DENIED.
judicially admitted. The assailed Resolution of the Court of Appeals is hereby AFFIRMED. SO
ORDERED.
PROVISIONS
Rule 132, Section 24 Section 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