Wednesday, February 10, 2016

Petition for judicial recognition of foreign divorce - G.R. No. 195432

See - G.R. No. 195432

"x x x.

Second, with respect to her prayer for the recognition of her second marriage as valid, petitioner should have filed, instead, a petition for the judicial recognition of her foreign divorce from her first husband.

In Garcia v. Recio,9 we 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,11 we are still 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.12 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.

x xx ."