77. Edelina T. Ando petitioner, vs.

Department of Foreign respondent

[G.R. No. 195432, August 27, 2014, SERENO, CJ:]

TOPIC: Marriage- Foreign Marriages and Foreign Divorces

DOCTRINE: Following the ruling in Garcia v. Recio, 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.

In this case, RTC found that 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. 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.

FACTS:
1. September 16, 2001: Petitioner Ando Married Yuichiro Kobayashi, a Japanese national, in a civil
wedding solemnized at Candaba, Pampanga
2. September 16, 2004: Yuichiro Kobayashi sought in Japan a divorce in respect of his marriage with
Ando, which was granted
a. A copy of the Divorce Certificate was issued by the Consul-General if Japan and
authenticated by the DFA, Manila
3. September 13, 2005: 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 in a civil wedding
4. December 27, 2005: Yuichiro Kobayashi married Ryo Miken
a. A copy of the Japanese Family Registry Record of Kobayashi showing the divorce he
obtained and his remarriage with Ryo Miken, duly authenticated by the Consulate-
General of Japan and the Department of Foreign Affairs, Manila
5. 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.
6. October 29, 2010: petitioner filed with the RTC a Petition for Declaratory Relief where she
impleaded the DFA as respondent. She prayed for the following:
a. declaring as valid and subsisting the marriage between petitioner Edelina T. Ando and
her husband Masatomi Y. Ando until otherwise declared by a competent court
b. declaring petitioner entitled to the issuance of a Philippine Passport under the name
"Edelina Ando y Tungol"
c. directing the Department ofForeign Affairs to honor petitioner’s marriage to her husband
Masatomi Y. Ando and to issue a Philippine Passport to petitioner under the name
"Edelina Ando y Tungol".
7. RTC dismissed the Petition for for want of cause and action it held that:
a. prior to petitioner’s marriage to Masatomi Y. Ando, herein petitioner was married to
Yuichiro Kobayashi, a Japanese National, in Candaba, Pampanga, on September 16,
2001, and that though a divorce was obtained and granted in Japan, with respect to the
their marriage, there is no showing that petitioner herein complied with the
requirements set forth in Art. 13 of the Family Code – that is obtaining a
judicial recognition of the foreign decree of absolute divorce in our country.
b. it further held in its ruling as to the MR that the petition falls within the jurisdiction of
the Special Family Court.

ISSUE: Whether petitioner’s second marriage should be recognized as valid eve if she did not file for a
judicial recognition of her foreign divorce from her first husband.

HELD: No, petitioner should have first filed for judicial recognition of her foreign divorce
from her Japanese husband.
1. Garcia v. Recio: 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.
 a. 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
b. Courts do not take judicial notice of foreign laws and judgment
i. Philippine laws 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
2. In the present case: the RTC found that 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.
a. 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.
b. As for the denial for the issuance of her passport, the proper remedy under RA 8239 was
to appeal to the Secretary within 15 days from notice of the denial of issuance.