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2. Nimfa's testimony is relevant.
- Tends to prove error of Colorado Court.
- Tends to prove that Colorado orders should not be enforced due to mistake of fact.
- Tends to prove that Defendant is not a proper party.
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3. Nimfa's testimony is material.
- Proves error of Court, hence foreign orders should not be enforced.
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1. Nera is not barred from presenting Nimfa's testimony.
- Rule 39, Section 48 allows evidence repelling foreign judgment
- Nera, in its "Answer", already stipulated the error made by the Colorado Court in that it should be Nera Singapore who should be impleaded and not Nera Philippines
- Nera, in its MTD, claimed that the Colorado Court had no jurisdiction over Nera
- Pre-Trial Order allows presentation of evidence to repel foreign order