The Supreme Court ruled that the Court of Appeals erred in denying recognition of the divorce decree obtained in Japan by Stephen Juego-Sakai and his Japanese spouse Toshiharu Sakai. Under Article 26 of the Family Code, marriages solemnized abroad that are valid in the country where they were solemnized are also valid in the Philippines, with some exceptions. Where a divorce is validly obtained abroad by a foreign spouse, the Filipino spouse has the capacity to remarry under Philippine law. Since the divorce between Juego-Sakai and his spouse dissolved their marriage under Japanese law, allowing his spouse to remarry, Juego-Sakai shall likewise have the capacity to remarry in the
The Supreme Court ruled that the Court of Appeals erred in denying recognition of the divorce decree obtained in Japan by Stephen Juego-Sakai and his Japanese spouse Toshiharu Sakai. Under Article 26 of the Family Code, marriages solemnized abroad that are valid in the country where they were solemnized are also valid in the Philippines, with some exceptions. Where a divorce is validly obtained abroad by a foreign spouse, the Filipino spouse has the capacity to remarry under Philippine law. Since the divorce between Juego-Sakai and his spouse dissolved their marriage under Japanese law, allowing his spouse to remarry, Juego-Sakai shall likewise have the capacity to remarry in the
The Supreme Court ruled that the Court of Appeals erred in denying recognition of the divorce decree obtained in Japan by Stephen Juego-Sakai and his Japanese spouse Toshiharu Sakai. Under Article 26 of the Family Code, marriages solemnized abroad that are valid in the country where they were solemnized are also valid in the Philippines, with some exceptions. Where a divorce is validly obtained abroad by a foreign spouse, the Filipino spouse has the capacity to remarry under Philippine law. Since the divorce between Juego-Sakai and his spouse dissolved their marriage under Japanese law, allowing his spouse to remarry, Juego-Sakai shall likewise have the capacity to remarry in the
The Supreme Court ruled that the Court of Appeals erred in denying recognition of the divorce decree obtained in Japan by Stephen Juego-Sakai and his Japanese spouse Toshiharu Sakai. Under Article 26 of the Family Code, marriages solemnized abroad that are valid in the country where they were solemnized are also valid in the Philippines, with some exceptions. Where a divorce is validly obtained abroad by a foreign spouse, the Filipino spouse has the capacity to remarry under Philippine law. Since the divorce between Juego-Sakai and his spouse dissolved their marriage under Japanese law, allowing his spouse to remarry, Juego-Sakai shall likewise have the capacity to remarry in the
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a. Stephen Juego-Sakai vs. Republic, GR. No.
224015, July 23, 2018
a. Doctrine
Recognition of Divorce obtained abroad by a foreign spouse under
Article 26 par. 2 of the Family Code
b. Case Title
Stephen Juego-Sakai vs. Republic, GR. No. 224015, July 23, 2018
c. Facts
Petitioner Stephen Juego-Sakai and Toshiharu Sakai got married in
Japan pursuant to the wedding rites therein. After 2 years, the parties, by agreement, obtained a divorce decree in said country dissolving their marriage. Thereafter, petitioner filed a Petition for Judicial Recognition of Foreign Judgment before the RTC.
The RTC granted the petition and recognized the divorce between the parties as valid and effective under Philippine Laws and which was reversed by the CA.
d. Issue/s
Whether or not the Court of appeals erred in denying the recognition
of the divorce decree obtained abroad? e. Held
YES. The Supreme Court held that under Article 26 of the Family Code, All marriages solemnized outside the Philippines, by 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 the capacity to remarry under Philippine Law.
Applying the foregoing pronouncement to the case at hand, the Court
similarly rules that despite the fact that petitioner participated in the divorce proceedings in Japan, and even if it is assumed that she initiated the same, she must still be allowed to benefit from the exception provided under Paragraph 2 of Article 26. Consequently, since her marriage to Toshiharu Sakai had already been dissolved by virtue of the divorce decree they obtained in Japan, thereby capacitating Toshiharu to remarry, petitioner shall likewise have capacity to remarry under Philippine law.
WHEREFORE, premises considered, the instant petition is
GRANTED. The assailed Amended Decision dated March 3, 2016 of the Court of Appeals in CA-G.R. CV No. 104253 is REVERSED and SET ASIDE. The case is REMANDED to the court of origin for further proceedings and reception of evidence as to the relevant Japanese law on divorce. SO ORDERED.
