The Republic of the Philippines v Maler Foundation and others and other appeals

The Republic of the Philippines v Maler Foundation and others and other appeals

The Court dismissed all three appeals: (1) the act of state doctrine did not require recognition of the Philippine Forfeiture Judgment over assets located in Singapore and judicial acts are not to be extended into a positive rule that displaces lex situs; (2) the Forfeiture Judgment could not be recognised as vesting title because the Funds were not situated in the Philippines when the judgment was given and recognition would amount to indirect enforcement of a foreign penal law (RA 1379); (3) the Chinn Assignment did not transfer proprietary title because Swiss law (the lex situs/proper law of the debt) governed and it was ineffective under Swiss law; (4) the Republic’s trust claim under...

Citation
[2013] SGCA 66
Parties
Appellant (civil Appeal No 109 of 2012): Republic of the Philippines; Appellants/respondents (civil Appeal No 111 of 2012; Respondents in CA 109/2012): Maler Foundation and others (The Foundations); Appellants (civil Appeal No 110 of 2012) and Sixth Respondents in CA 109/2012: Human Rights Victims (class plaintiffs); Respondent (in CA 110/2012 and CA 111/2012); Claimant in Interpleader: Philippine National Bank (PNB); Interpleader Plaintiff (original Depositee Bank): WestLB AG
Court
Court of Appeal
Jurisdiction
Singapore
Judgment Date
30 December 2013
Case Number
Civil Appeals No 109, 110 and 111 of 2012 (Originating Summons No 134 of 2004)
Procedural Posture
Civil Appeals Arising From Interpleader Proceedings / Appeal to the Court of Appeal (final Judgment)
Outcome
All three appeals dismissed
Legal Topics
Act of State Doctrine, Recognition of Foreign Judgments, Lex Situs, Proper Law of the Debt, Forfeiture/penal Laws, Escrow Arrangements, Judicial Assignment/garnishment, Enforcement Vs Recognition
Source Language
English
Private International Law Conflict of Laws Trusts and Equity Procedural Law (interpleader) Public International/comparative Law Act of State Doctrine Recognition of Foreign Judgments Lex Situs +5 more

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Parties

Republic of the Philippines

Appellant (civil Appeal No 109 of 2012)

Maler Foundation and others (The Foundations)

Appellants/respondents (civil Appeal No 111 of 2012; Respondents in CA 109/2012)

Human Rights Victims (class plaintiffs)

Appellants (civil Appeal No 110 of 2012) and Sixth Respondents in CA 109/2012

Philippine National Bank (PNB)

Respondent (in CA 110/2012 and CA 111/2012); Claimant in Interpleader

WestLB AG

Interpleader Plaintiff (original Depositee Bank)

Procedural Posture

Civil Appeals Arising From Interpleader Proceedings / Appeal to the Court of Appeal (final Judgment)

Legal Issues

  1. 1 Whether the act of state doctrine required recognition of the Philippine Forfeiture Judgment over assets situated in Singapore
  2. 2 Whether the Forfeiture Judgment could be recognised when based on RA 1379 (penal/forfeiture statute)
  3. 3 Whether the Chinn Assignment validly transferred proprietary title to the Human Rights Victims

Ratio Decidendi

The Court dismissed all three appeals: (1) the act of state doctrine did not require recognition of the Philippine Forfeiture Judgment over assets located in Singapore and judicial acts are not to be extended into a positive rule that displaces lex situs; (2) the Forfeiture Judgment could not be recognised as vesting title because the Funds were not situated in the Philippines when the judgment was given and recognition would amount to indirect enforcement of a foreign penal law (RA 1379); (3) the Chinn Assignment did not transfer proprietary title because Swiss law (the lex situs/proper law of the debt) governed and it was ineffective under Swiss law; (4) the Republic’s trust claim under...

Court Disposition

All three appeals dismissed

Orders

  • Dismiss CA 109/2012, CA 110/2012 and CA 111/2012
  • Declare Philippine National Bank (PNB) holds legal title to the disputed Funds as original named account holder with WestLB