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    Medina v. Koike

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    GenghisKel
    The Supreme Court ruled that the Regional Trial Court erred in denying a petition for judicial recognition of a foreign divorce between a Filipino citizen and a Japanese national. The couple had obtained a valid divorce in Japan, as recognized under Japanese law, but the RTC denied recognizing the foreign divorce because the petitioner did not properly authenticate documents proving Japanese law allows divorce. The Supreme Court held that Article 26 of the Family Code allows recognition of foreign divorces that enable an alien spouse to remarry. It remanded the case to the Court of Appeals to determine facts regarding the validity of the Japanese divorce.

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    Medina v. Koike

    Uploaded by

    GenghisKel
    36 views1 page
    The Supreme Court ruled that the Regional Trial Court erred in denying a petition for judicial recognition of a foreign divorce between a Filipino citizen and a Japanese national. The couple had obtained a valid divorce in Japan, as recognized under Japanese law, but the RTC denied recognizing the foreign divorce because the petitioner did not properly authenticate documents proving Japanese law allows divorce. The Supreme Court held that Article 26 of the Family Code allows recognition of foreign divorces that enable an alien spouse to remarry. It remanded the case to the Court of Appeals to determine facts regarding the validity of the Japanese divorce.

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    229. Medina v. Koike

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    The Supreme Court ruled that the Regional Trial Court erred in denying a petition for judicial recognition of a foreign divorce between a Filipino citizen and a Japanese national. The couple had obtained a valid divorce in Japan, as recognized under Japanese law, but the RTC denied recognizing the foreign divorce because the petitioner did not properly authenticate documents proving Japanese law allows divorce. The Supreme Court held that Article 26 of the Family Code allows recognition of foreign divorces that enable an alien spouse to remarry. It remanded the case to the Court of Appeals to determine facts regarding the validity of the Japanese divorce.

    Copyright:

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

    Medina v. Koike

    Uploaded by

    GenghisKel
    The Supreme Court ruled that the Regional Trial Court erred in denying a petition for judicial recognition of a foreign divorce between a Filipino citizen and a Japanese national. The couple had obtained a valid divorce in Japan, as recognized under Japanese law, but the RTC denied recognizing the foreign divorce because the petitioner did not properly authenticate documents proving Japanese law allows divorce. The Supreme Court held that Article 26 of the Family Code allows recognition of foreign divorces that enable an alien spouse to remarry. It remanded the case to the Court of Appeals to determine facts regarding the validity of the Japanese divorce.

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

    Medina v.

    Koike
    G.R. No. 215723 July 27, 2016 Ponente: Perlas- TOPIC:
    Bernabe, J. Marriages
    dissolved by a
    foreign
    judgment
    Recit Summary:

    Facts:

    Petitioner Doreen Medina, a Filipino Citizen, and respondent Michiyuki Koike, a Japanese
    national, were married in Quezon City. Pursuant to the laws of Japan, both of them filed for
    divorce in Japan. Their divorce and their Divorce Certificate were duly recorded in the Official
    Family Register of Michiyuki Koike.

    Petitioner Doreen sought to have the said Divorce Certificate annotated on her Certificate of
    Marriage on file with the Local Civil Registrar of Quezon City and filed a petition for judicial
    recognition of foreign divorce and declaration of capacity to remarry pursuant to second
    paragraph of Article 26 of the Family Code before the RTC. Doreen presented several
    documents which were issued by the Mayor of Ichinomiya City and duly authenticated by the
    Consul of the Republic of the Philippines for Osaka, Japan. In addition, photocopies of the Civil
    Code of Japan and their corresponding English translation, as well as two (2) books entitled
    “The Civil Code of Japan 2000” and “The Civil Code of Japan 2009” were likewise submitted as
    proof of the existence of Japan’s law on divorce. However, the RTC DENIED the petition,
    ruling that in an action for recognition of foreign divorce decree pursuant to Article 26 of the
    Family Code, the foreign divorce decree and the national law of the alien recognizing his or her
    capacity to obtain a divorce must be proven in accordance with Sec. 24 and 25 of Rule 132 of
    the Revised Rules on Evidence.

    The RTC observed that the “The Civil Code of Japan 2000” and “The Civil Code of Japan 2009,”
    presented were not duly authenticated by the Philippine Consul in Japan as required by Secs.
    24 and 25 of the said rules. It likewise did not consider the books as learned treaties since no
    expert witness on the subject matter was presented and considering further that Philippine
    courts cannot take judicial notice of foreign judgments and law. The petitioner’s motion for
    reconsideration was denied. Hence, the petition.

    Issue: Dispositive:

    Whether or not the RTC erred in denying the WHEREFORE, the case is hereby REFERRED
    petition for judicial recognition of foreign to the Court of Appeals for appropriate
    divorce. action including the reception of evidence to
    DETERMINE and RESOLVE the pertinent
    factual issues in accordance with this
    Decision.

    Held:

    Yes. Article 26 of the Family Code allows a Filipino spouse to contract a subsequent marriage
    in case the divorce is validly obtained abroad by an alien spouse capacitating him or her to
    remarry.

    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.

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