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    Ando Vs Dfa GR 195432

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    Revz Lamoste
    Petitioner Ando was previously married to Yuichiro Kobayashi, a Japanese national. In 2004, Kobayashi obtained a divorce in Japan, which was registered in the Philippines. Believing herself divorced and single, Ando then married Masatomi Y. Ando in 2005. However, when applying to renew her passport with her new married name, the Department of Foreign Affairs refused, saying she must prove the validity of her second marriage. The issue is whether the first marriage was lawfully annulled by the Japanese divorce, making the second marriage valid. The court ruled no, as the presentation of just the divorce decree is insufficient - the national law of the divorcing spouse must also be proven.

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    Ando Vs Dfa GR 195432

    Uploaded by

    Revz Lamoste
    392 views1 page
    Petitioner Ando was previously married to Yuichiro Kobayashi, a Japanese national. In 2004, Kobayashi obtained a divorce in Japan, which was registered in the Philippines. Believing herself divorced and single, Ando then married Masatomi Y. Ando in 2005. However, when applying to renew her passport with her new married name, the Department of Foreign Affairs refused, saying she must prove the validity of her second marriage. The issue is whether the first marriage was lawfully annulled by the Japanese divorce, making the second marriage valid. The court ruled no, as the presentation of just the divorce decree is insufficient - the national law of the divorcing spouse must also be proven.

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    Ando vs Dfa Gr 195432

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    Petitioner Ando was previously married to Yuichiro Kobayashi, a Japanese national. In 2004, Kobayashi obtained a divorce in Japan, which was registered in the Philippines. Believing herself divorced and single, Ando then married Masatomi Y. Ando in 2005. However, when applying to renew her passport with her new married name, the Department of Foreign Affairs refused, saying she must prove the validity of her second marriage. The issue is whether the first marriage was lawfully annulled by the Japanese divorce, making the second marriage valid. The court ruled no, as the presentation of just the divorce decree is insufficient - the national law of the divorcing spouse must also be proven.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    392 views1 page

    Ando Vs Dfa GR 195432

    Uploaded by

    Revz Lamoste
    Petitioner Ando was previously married to Yuichiro Kobayashi, a Japanese national. In 2004, Kobayashi obtained a divorce in Japan, which was registered in the Philippines. Believing herself divorced and single, Ando then married Masatomi Y. Ando in 2005. However, when applying to renew her passport with her new married name, the Department of Foreign Affairs refused, saying she must prove the validity of her second marriage. The issue is whether the first marriage was lawfully annulled by the Japanese divorce, making the second marriage valid. The court ruled no, as the presentation of just the divorce decree is insufficient - the national law of the divorcing spouse must also be proven.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Ando vs.

    Department Of Foreign Affairs

    August 27, 2014 G.R. No. 195432

    FACTS:

    On 16 September 2001, petitioner married Yuichiro Kobayashi, a Japanese National, in a civil


    wedding solemnized at Candaba, Pampanga.

    On 16 September 2004, Yuichiro Kobayashi sought in Japan, and was validly granted under
    Japanese laws, a divorce in respect of his marriage with petitioner. A copy of the Divorce
    Certificate duly issued by the Consulate-General of Japan and duly authenticated by the
    Department of Foreign Affairs, Manila.

    Said Divorce Certificate was duly registered with the Office of the Civil Registry of Manila.

    Believing in good faith that said divorce capacitated her to remarry and that by such she reverted
    to her single status, petitioner married Masatomi Y. Ando on 13 September 2005 in a civil
    wedding celebrated in Sta. Ana, Pampanga.

    In the meantime, Yuichiro Kobayashi married Ryo Miken on 27 December 2005.

    Recently, petitioner applied for the renewal of her Philippine passport to indicate her surname
    with her husband Masatomi Y. Ando but she was told at the Department of Foreign Affairs that
    the same cannot be issued to her until she can prove by competent court decision that her
    marriage with her said husband Masatomi Y. Ando is valid until otherwise declared.

    ISSUE: Whether or not the first marriage is lawfully annulled by virtue of a divorce decree
    making the second marriage valid.

    DECISION:

    No. In Garcia v. Recio, the court ruled that a divorce obtained abroad by an alien may be
    recognized in our jurisdiction, provided the decree is valid according to the national law of the
    foreigner. The presentation solely of the divorce decree is insufficient; both the divorce decree
    and the governing personal law of the alien spouse who obtained the divorce must be proven.
    Because our courts do not take judicial notice of foreign laws and judgment, our law on evidence
    requires that both the divorce decree and the national law of the alien must be alleged and proven
    and like any other fact.10

    While it has been ruled that a petition for the authority to remarry filed before a trial court
    actually constitutes a petition for declaratory relief, the court wasstill unable to grant the prayer
    of petitioner. As held by the RTC, there appears to be insufficient proof or evidence presented on
    record of both the national law of her first husband, Kobayashi, and of the validity of the divorce
    decree under that national law. Hence, any declaration as to the validity of the divorce can only
    be made upon her complete submission of evidence proving the divorce decree and the national
    law of her alien spouse, in an action instituted in the proper forum.

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