Scribd Logo
Upload

Welcome to Scribd!

  • 30 views

    Petition For Judicial Recognition of Foreign Divorce - G.R. No. 195432

    Uploaded by

    cnfhdx
    The petitioner filed a petition seeking judicial recognition of her second marriage as valid. The court ruled that instead, she should have filed a petition for judicial recognition of her foreign divorce from her first husband. For a foreign divorce to be recognized, the divorce decree and the governing personal law of the divorcing spouse must be proven. In this case, there was insufficient evidence presented of the national law of the petitioner's first husband or the validity of the divorce decree under that law. The court cannot declare the divorce valid without complete submission of this evidence in the proper legal forum.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Petition For Judicial Recognition of Foreign Divorce - G.R. No. 195432

    Uploaded by

    cnfhdx
    30 views1 page
    The petitioner filed a petition seeking judicial recognition of her second marriage as valid. The court ruled that instead, she should have filed a petition for judicial recognition of her foreign divorce from her first husband. For a foreign divorce to be recognized, the divorce decree and the governing personal law of the divorcing spouse must be proven. In this case, there was insufficient evidence presented of the national law of the petitioner's first husband or the validity of the divorce decree under that law. The court cannot declare the divorce valid without complete submission of this evidence in the proper legal forum.

    Original Title

    gghhhhhhhhhhhhh.docx

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The petitioner filed a petition seeking judicial recognition of her second marriage as valid. The court ruled that instead, she should have filed a petition for judicial recognition of her foreign divorce from her first husband. For a foreign divorce to be recognized, the divorce decree and the governing personal law of the divorcing spouse must be proven. In this case, there was insufficient evidence presented of the national law of the petitioner's first husband or the validity of the divorce decree under that law. The court cannot declare the divorce valid without complete submission of this evidence in the proper legal forum.

    Copyright:

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

    Petition For Judicial Recognition of Foreign Divorce - G.R. No. 195432

    Uploaded by

    cnfhdx
    The petitioner filed a petition seeking judicial recognition of her second marriage as valid. The court ruled that instead, she should have filed a petition for judicial recognition of her foreign divorce from her first husband. For a foreign divorce to be recognized, the divorce decree and the governing personal law of the divorcing spouse must be proven. In this case, there was insufficient evidence presented of the national law of the petitioner's first husband or the validity of the divorce decree under that law. The court cannot declare the divorce valid without complete submission of this evidence in the proper legal forum.

    Copyright:

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

    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.

    You might also like