Professional Documents
Culture Documents
Court of Appeals
Manila
Promulgated:
DECISION
LANTION, J.A.C., J.:
SO ORDERED.”4
1
Rollo, pp. 22-24.
2
Petitioner being a resident of Brgy. David, Mangaldan, Pangasinan.
3
Judge Raymond Reynold R. Lauigan, presiding.
4
Rollo, p. 28.
CA-G.R. CV No. 100076 Page 2 of 9
Decision
THE FACTS
(As culled from the Records)
5
Through her father - Oscar T. Narag, Records, p. 3.
6
Records, p. 49.
7
Records, pp. 50-51.
8
Records, p. 52.
9
Records, p. 25.
10
Cagayan Star Newspaper issues from September 9-15, 16-22 and 23-29, 2012; Records pp. 21-29.
11
Records p. 68.
12
Records, pp. 69-73.
13
Records, pp. 81-83.
CA-G.R. CV No. 100076 Page 3 of 9
Decision
xxx
14
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 likewise have
capacity to remarry under Philippine law.
15
Records, pp. 171-175.
CA-G.R. CV No. 100076 Page 4 of 9
Decision
ASSIGNMENT OF ERROR
I
THE COURT A QUO COMMITTED AN ERROR IN FACT
AND IN LAW WHEN IT PRONOUNCED THAT THE
DIVORCE OBTAINED BY PETITIONER-APPELLANT IN
JAPAN CANNOT BE RECOGNIZED IN THE PHILIPPINES.16
We disagree.
As in Van Dorn, supra, the fact that it was Petitioner herein who
filed the divorce case against her Japanese husband is of no moment.
Article 26 of the Family Code states that a divorce validly obtained by
the alien spouse abroad, capacitating him to remarry shall likewise
capacitate the Filipino spouse to remarry under the Philippine law. 25
Here, from the divorce case filed by Petitioner, a divorce decree was
validly obtained by the Japanese national, capacitating him to
remarry. Considering that the said Japanese is already free to
remarry, Petitioner must likewise be allowed to remarry under the
Philippine law. In Navarro vs Ermita,26 the Supreme Court stated:
24
Supra.
25
Article 26 of the Family Code.
26
G.R. No. 180050, April 12, 2011.
CA-G.R. CV No. 100076 Page 7 of 9
Decision
In this case, Petitioner was able to submit before the court a quo
the 1) Decision of the Japanese Court allowing the divorce; 2) the
27
San Luis vs. San Luis, G.R. No. 133743, February 6, 2007.
28
Rule 132, Sec. 24. Proof of official record. — The record of public documents referred to in paragraph (a) of Section
19, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the
officer having the legal custody of the record, or by his deputy, and accompanied, if the record is not kept in the
Philippines, with a certificate that such officer has the custody. If the office in which the record is kept is in a foreign
country, the certificate may be made by a secretary of the embassy or legation, consul general, consul, vice consul, or
consular agent or by any officer in the foreign service of the Philippines stationed in the foreign country in which the
record is kept, and authenticated by the seal of his office.
Sec. 25. What attestation of copy must state. — Whenever a copy of a document or record is attested for the
purpose of evidence, the attestation must state, in substance, that the copy is a correct copy of the original, or a specific
part thereof, as the case may be. The attestation must be under the official seal of the attesting officer, if there be any,
or if he be the clerk of a court having a seal, under the seal of such court.
29
Rule 39, Sec. 48. Effect of foreign judgments or final orders. — The effect of a judgment or final order of a tribunal
of a foreign country, having jurisdiction to render the judgment or final order, is as follows:
(a) In case of a judgment or final order upon a specific thing, the judgment or final order is conclusive upon the
title of the thing; and
(b) In case of a judgment or final order against a person, the judgment or final order is presumptive evidence
of a right as between the parties and their successors in interest by a subsequent title.
In either case, the judgment or final order may be repelled by evidence of a want of jurisdiction, want of
notice to the party, collusion, fraud, or clear mistake of law or fact.
30
Fujiki vs. Marinay, G.R. No. 196049, June 26, 2013.
CA-G.R. CV No. 100076 Page 8 of 9
Decision
SO ORDERED.
31
Fujiki vs. Marinay, G.R. No. 196049, June 26, 2013.
32
See Section 7, Rule 108 of the Rules of Court.
CA-G.R. CV No. 100076 Page 9 of 9
Decision
WE CONCUR:
CERTIFICATION