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Wildvalley Shipping Vs Court of Appeals

This case involves a shipping vessel that ran aground in the Orinoco River in Venezuela, obstructing another ship. The owner of the obstructed ship sued for damages. At trial, photocopies of Venezuela's pilotage laws and navigation rules were presented, but were not accompanied by the proper certification. The court ruled the foreign laws were not properly pleaded and proven according to the Rules of Court. Foreign laws must be properly pleaded by alleging their existence and legal consequences, and proven by presenting a duly authenticated copy along with a certificate from a diplomatic official. Without proper pleading and proof, the laws of a foreign country are presumed to be the same as local laws.

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195 views1 page

Wildvalley Shipping Vs Court of Appeals

This case involves a shipping vessel that ran aground in the Orinoco River in Venezuela, obstructing another ship. The owner of the obstructed ship sued for damages. At trial, photocopies of Venezuela's pilotage laws and navigation rules were presented, but were not accompanied by the proper certification. The court ruled the foreign laws were not properly pleaded and proven according to the Rules of Court. Foreign laws must be properly pleaded by alleging their existence and legal consequences, and proven by presenting a duly authenticated copy along with a certificate from a diplomatic official. Without proper pleading and proof, the laws of a foreign country are presumed to be the same as local laws.

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Huehuehue
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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WILDVALLEY SHIPPING vs COURT OF APPEALS Facts: This involves the Philippine Roxas Vessel headed by Captain Colon bound

to Venezuela. Mr. Vasquez the harbour pilot was designated to navigate the vessel through the Orinoco River. Unfortunately, it ran around the river and obstructing the ingress and engress of Malandrinon owned by Widlvalley. Widvalley filed a case for damages before the RTC of Manila. Capt. Oscar Leon Monzon, the Assistant Harbor Master of Venezuela, testified on the existence of the written foreign public documents to ewit: the pilotage law of Venezuela and the rules governing the navigation of the Orinoco River by presenting photocopies of the said rules. Issue: WON the Pilotage Law of Venezuela and Rules governing the navigation of the Orinoco River were properly pleaded and proven. Held: NO, they were not pleaded and proven in the manner provided by Sec 24 Rule 132 of the Rules of Court. For a copy of a foreign public document to be admissible, the following requisites are mandatory: (1) It must be attested by the officer having legal custody of the records or by his deputy; and (2) 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 requirement is not a mere technicality but is intended to justify the giving of full faith and credit to the genuineness of a document in a foreign country. In this case, it is not enough that photocopies were presented as evidence with Captain Monzon attesting it. It is also required by Section 24 of Rule 132 of the Rules of Court that a certificate that Captain Monzon, who attested the documents, is the officer who had legal custody of those records 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 Venezuela, and authenticated by the seal of his office accompanying the copy of the public document. No such certificate could be found in the records of the case. when a foreign statute is involved, the best evidence rule requires that it be proved by a duly authenticated copy of the statute. In this case, the Venezuelan law was not pleaded before the lower court.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. A review of the Complaint revealed that it was never alleged or invoked despite the fact that the grounding of the Philippine Roxas occurred within the territorial jurisdiction of Venezuela. We reiterate that under the rules of private international law, a foreign law must be properly pleaded and proved as a fact. In the absence of pleading and proof, the laws of a foreign country, or state, will be presumed to be the same as our own local or domestic law and this is known as processual presumption.

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