CASE 2016-0052: DOREEN GRACE PARILLA MEDINA, A.K.A. “DOREEN GRACE MEDINA KOIKE,” PETITIONER, -VERSUS – MICHIYUKI KOIKE, THE LOCAL CIVIL REGISTRAR OF QUEZON CITY, METRO MANILA, AND THE ADMINISTRATOR AND CIVIL REGISTRAR GENERAL OF THE NATIONAL STATISTICS OFFICE ( G.R. NO. 215723, 27 JULY 2016, PERLAS-BERNABE, J.) (SUBJECT: RECOGNITION OF FOREIGN DIVORCE, SC NOT TRIER OF FACTS BUT CAN REFER CASE TO CA) (BRIEF TITLE: MEDINA VS. KOIKE ET AL).
DISPOSITIVE:
“WHEREFORE, in the interest of orderly procedure and substantial justice, the case is hereby REFERRED to the Court of Appeals for appropriate action including the reception of evidence to DETERMINE and RESOLVE the pertinent factual issues in accordance with this Decision.
SO ORDERED.”
SUBJECTS/DOCTRINES/DIGEST:
PETITIONER SOUGHT AT RTC THE RECOGNITION OF A DIVORCE DECREE ISSUED IN JAPAN. RTC DENIED THE PETITION ON THE GROUND THAT PETITIONER FAILED TO PROVE THE EXISTENCE OF THE PERTINENT LAW IN JAPAN GOVERNING DIVORCE. PETITIONER FILED PETITION DIRECTLY WITH THE SUPREME COURT FOR REVIEW OF RTC RULING UNDER RULE 45. IS HER ACTION CORRECT?
NO, BECAUSE THE SUPREME COURT IS NOT A TRIER OF FACTS. WHAT IS RAISED ON APPEAL IS A FACTUAL ISSUE: WHETHER THE EVIDENCE PRESENTED BEFORE THE RTC ARE ADEQUATE.
THUS THE SC REFERRED THE CASE TO CA FOR APPROPRIATE ACTION INCLUDING THE RECEPTION OF EVIDENCE TO DETERMINE THE FACTUAL ISSUES.
DOES PHILIPPINE LAW ALLOWS A FILIPINO SPOUSE MARRIED TO AN ALIEN TO CONTRACT A SUBSEQUENT MARRIAGE IN CASE A DIVORCE IS OBTAINED BY THE ALIEN SPOUSE ABROAD?
YES, UNDER ART. 26 OF THE FAMILY CODE WHICH PROVIDES THAT:
Art. 26. All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38.
Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine law. (Emphasis supplied)
IS TRIAL NECESSARY?
IT SEEMS THAT UNDER ART. 26, TRIAL IS NOT NECESSARY.
BUT OUR COURTS DO NOT TAKE JUDICIAL NOTICE OF FOREIGN JUDGMENTS.
AS A RULE NO SOVEREIGN IS BOUND TO GIVE EFFECT WITHIN ITS DOMINION TO A JUDGMENT RENDERED BY A TRIBUNAL OF ANOTHER COUNTRY.
THUS, THE FOREIGN JUDGMENT AND ITS AUTHENTICITY MUST BE PROVEN AS FACTS UNDER OUR RULES ON EVIDENCE, TOGETHER WITH THE ALIEN’S APPLICABLE NATIONAL LAW TO SHOW THE EFFECT OF THE JUDGMENT ON THE ALIEN HIMSELF OR HERSELF.
BOTH THE DIVORCE DECREE AND THE GOVERNING PERSONAL LAW OF THE ALIEN SPOUSE WHO OBTAINED THE DIVORCE MUST BE PROVEN LIKE ANY OTHER FACT.
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