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    Regional Trial Court Branch Re: Petition For Judicial Recognition of Foreign Judgment For Decree of Divorce of Civil Case No. BSP

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    Given023
    This document is a court decision granting a petition for judicial recognition of a foreign divorce decree. The petitioner, a Filipino citizen, was previously married to a foreign citizen who obtained a valid divorce in his home country. As the divorce was valid according to the foreign spouse's national law, Philippine law recognizes the divorce and grants the petitioner capacity to remarry under Article 26 of the Family Code. The court examined evidence and testimony confirming the valid foreign divorce. Therefore, the petition was granted and the marriage dissolved based on the valid foreign divorce.

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    Regional Trial Court Branch Re: Petition For Judicial Recognition of Foreign Judgment For Decree of Divorce of Civil Case No. BSP

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    Given023
    38 views3 pages
    This document is a court decision granting a petition for judicial recognition of a foreign divorce decree. The petitioner, a Filipino citizen, was previously married to a foreign citizen who obtained a valid divorce in his home country. As the divorce was valid according to the foreign spouse's national law, Philippine law recognizes the divorce and grants the petitioner capacity to remarry under Article 26 of the Family Code. The court examined evidence and testimony confirming the valid foreign divorce. Therefore, the petition was granted and the marriage dissolved based on the valid foreign divorce.

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    This document is a court decision granting a petition for judicial recognition of a foreign divorce decree. The petitioner, a Filipino citizen, was previously married to a foreign citizen who obtained a valid divorce in his home country. As the divorce was valid according to the foreign spouse's national law, Philippine law recognizes the divorce and grants the petitioner capacity to remarry under Article 26 of the Family Code. The court examined evidence and testimony confirming the valid foreign divorce. Therefore, the petition was granted and the marriage dissolved based on the valid foreign divorce.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    38 views3 pages

    Regional Trial Court Branch Re: Petition For Judicial Recognition of Foreign Judgment For Decree of Divorce of Civil Case No. BSP

    Uploaded by

    Given023
    This document is a court decision granting a petition for judicial recognition of a foreign divorce decree. The petitioner, a Filipino citizen, was previously married to a foreign citizen who obtained a valid divorce in his home country. As the divorce was valid according to the foreign spouse's national law, Philippine law recognizes the divorce and grants the petitioner capacity to remarry under Article 26 of the Family Code. The court examined evidence and testimony confirming the valid foreign divorce. Therefore, the petition was granted and the marriage dissolved based on the valid foreign divorce.

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    © All Rights Reserved
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    of 3

    Republic of the Philippines

    Judicial Region
    REGIONAL TRIAL COURT
    BRANCH

    RE: PETITION FOR JUDICIAL RECOGNITION


    OF FOREIGN JUDGMENT FOR DECREE OF
    DIVORCE OF

    Civil Case No. BSP

    Petitioner.
    x= = = = = = = = = = = = = = = = = =x

    DECISION

    A verified petition for recognition of foreign judgment for


    divorce filed by petitioner against her husband, _________

    Jurisdiction over the case having been acquired (Exhs. “A” to


    “D” and their corresponding sub-markings), on August 14, 2014.
    Nobody appeared to oppose the petition and accordingly, the case
    was set for trial on the merits with the active participation of the
    Public Prosecutor.

    Petitioner testified and based on her Judicial Affidavit 1 bore the


    fact that her husband was introduced to her by her uncle, Neil Martin
    who resides in the US. At that time, she was looking for a way to go
    to the US legally and to be with her family. She found Michael as a
    good person whom she can learn to love, get married and be a family
    and stay in the US permanently. It was a long distance relationship,
    until Michael proposed for a marriage so that he could bring her to
    the United States. Petitioner thought that it was the best way to go
    to the US, she acceded to Michael's proposal. They got married in
    Cavite City on April 7, 2003. 2 Michael stayed in the Philippines for
    around three (3) weeks then, he went back to the US. She started
    preparing her documents while waiting for spouse's visa. Sadly,
    instead of filing for a petition to get her visa, Michael filed a divorce
    proceeding with the District Court of Clark County, Nevada, USA.
    She received a divorce paper and even made her a co-petitioner
    without her permission. She left no choice but to sign the divorce
    1 Exh. “E”
    2 Exh. “C” - Certificate of Marriage

    1
    papers. After sending back the divorce papers to Michael, she
    received a copy of the Decree of Divorce 3 issued by the District Court
    of Clark County dated June 22, 2007, dissolving their marriage.

    After a careful examination of both oral and documentary


    evidences presented by the petitioner, this Court finds that there is
    sufficient grounds to declare the marriage between the petitioner and
    the respondent dissolves pursuant to the second paragraph of Article
    26 of the Family Code.

    Article 26 of the Family Code which provides:


    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 have capacity to remarry under Philippine law .
    (Emphasis supplied)

    The twin elements for the application of paragraph 2 of Article


    26 as follows:
    1. There is a valid marriage that has been celebrated between
    a Filipino citizen and a foreigner; and
    2. A valid divorce is obtained abroad by the alien spouse
    capacitating him or her to marry.

    Clearly, the twin requisites for the application of paragraph 2 of


    Article 26 are both present in this case. Thus, the petitioner, the
    “divorced” Filipino spouse, should be allowed to remarry. The
    rationale behind the second paragraph of the above-quoted provision
    is to avoid the absurd and unjust situation of a Filipino citizen still
    being married to his or her alien spouse, although the latter is no
    longer married to the Filipino spouse because he or she has obtained
    a divorce abroad. A divorce obtained abroad by an alien may be
    recognized under our country's jurisdiction provided that such decree
    validly concurs with the national law of the foreigner. However,
    before the decree can be recognized by the Philippine courts' law, the
    imploring party essentially has to prove the fact of the divorce and
    3 Exh. “D”

    2
    exhibit its conformity to the foreign law that allows it.

    It is evident that the petitioner has satisfactorily complied with


    the stringent requirements of law. This is a mixed marriage between
    a foreigner and a Filipino and divorce decree was obtained by the
    foreigner spouse. Japanese citizen was able to obtained a divorce
    decree which cause the dissolution of the marital tie between
    petitioner and___________dated June 22, 2007 as shown in the
    Decree of Divorce. The implementation of Article 26 of the Family
    Code, thereby endowing the petitioner with the capacity to remarry
    under the Philippine law. The divorce obtained by an alien abroad
    may be recognized in the Philippines, provided the divorce is valid
    according to his or her national law. The petitioner has proven the
    required authenticity of the divorce acceptance as provided in Sec.
    24 of Rule 132 of the Rules of Court.

    In the case of Pilapil v. Ibay-Somera, where the Court


    specifically recognized the validity of a foreign divorce and its legal
    effects may be recognized in the Philippines insofar as respondent is
    concerned in view of the nationality principle in our civil law on the
    status of persons (174 SCRA 653 (1989). In the same case, the
    Court ruled that aliens may obtain divorces abroad, provided they are
    valid according to their national law.

    WHEREFORE, premises consider, the petition is hereby


    GRANTED declaring the marriage entered into by the petitioner
    __________________ and _____________________ on April 7,
    2003 in ________ as DISSOLVED. By virtue of the provision of the
    second paragraph of Art. 26 of the Family Code and by reason of the
    divorce obtained by __________against petitioner who is given the
    capacity to remarry under the Philippine Law.
    SO ORDERED.

    Presiding Judge

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