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    8.) Republic V Manalo

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    angela
    1. Marelyn Manalo was married to a Japanese national and obtained a divorce decree from a Japanese court. She petitioned a Philippine court to cancel her marriage registration and allow her to use her maiden name, arguing that based on Article 26 of the Family Code, she had the capacity to remarry under Philippine law. 2. The Court of Appeals agreed, recognizing the foreign divorce and ruling that Article 26 applies even if the Filipino spouse initiated the divorce proceedings abroad. 3. The Supreme Court affirmed, finding that a plain reading of Article 26 does not distinguish between who initiated the foreign divorce, as long as it was validly obtained. It remanded the case to prove compliance with Japanese law.

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    8.) Republic V Manalo

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    angela
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    1. Marelyn Manalo was married to a Japanese national and obtained a divorce decree from a Japanese court. She petitioned a Philippine court to cancel her marriage registration and allow her to use her maiden name, arguing that based on Article 26 of the Family Code, she had the capacity to remarry under Philippine law. 2. The Court of Appeals agreed, recognizing the foreign divorce and ruling that Article 26 applies even if the Filipino spouse initiated the divorce proceedings abroad. 3. The Supreme Court affirmed, finding that a plain reading of Article 26 does not distinguish between who initiated the foreign divorce, as long as it was validly obtained. It remanded the case to prove compliance with Japanese law.

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    1. Marelyn Manalo was married to a Japanese national and obtained a divorce decree from a Japanese court. She petitioned a Philippine court to cancel her marriage registration and allow her to use her maiden name, arguing that based on Article 26 of the Family Code, she had the capacity to remarry under Philippine law. 2. The Court of Appeals agreed, recognizing the foreign divorce and ruling that Article 26 applies even if the Filipino spouse initiated the divorce proceedings abroad. 3. The Supreme Court affirmed, finding that a plain reading of Article 26 does not distinguish between who initiated the foreign divorce, as long as it was validly obtained. It remanded the case to prove compliance with Japanese law.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    693 views3 pages

    8.) Republic V Manalo

    Uploaded by

    angela
    1. Marelyn Manalo was married to a Japanese national and obtained a divorce decree from a Japanese court. She petitioned a Philippine court to cancel her marriage registration and allow her to use her maiden name, arguing that based on Article 26 of the Family Code, she had the capacity to remarry under Philippine law. 2. The Court of Appeals agreed, recognizing the foreign divorce and ruling that Article 26 applies even if the Filipino spouse initiated the divorce proceedings abroad. 3. The Supreme Court affirmed, finding that a plain reading of Article 26 does not distinguish between who initiated the foreign divorce, as long as it was validly obtained. It remanded the case to prove compliance with Japanese law.

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    of 3

    REPUBLIC v MANALO

    G.R. No. 221029


    April 24, 2018

    ARTICLES:
    ● 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), 3637 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 have capacity to remarry
    under Philippine law.

    FACTS:
    The following is a petition for review on certiorari under Rule 45 of the Rules of Court and
    seeks to reverse and set aside the September 18, 2014 Decision and October 12, 2015
    Resolution of the Court of Appeals.

    ● Marelyn Tanedo Manolo was married in the Philippines to Yoshino Minoro, a


    Japanese National.
    ● She divorced Minoro in Japan and a Japanese court issued the divorce decree dated
    December 6, 2011
    ● On January 10, 2012, she filed with the RTC of Dagupan City a petition for
    cancellation of entry of marriage in the Civil Registry of San Juan, Manila
    ○ Pursuant to Rule 108 of the Rules of Court
    ● She also prayed to be allowed to user her maiden surname Manalo.
    ○ Does not want it to appear that she is still married to a Japanese national who
    is no longer married to her
    ○ Does not want to be bothered by the entry if she decides to remarry
    ● The Office of the City Prosecutor (OCP) of Dagupan questioned the petition and
    alleged that the proper action should have been a petition for recognition and
    enforcement of judgement
    ○ Manalo accordingly amended the petition
    ● RTC denied the petition
    ○ Based on Article 15 of the New Civil Code
    ■ Art. 15. Laws relating to family rights and duties, or to the status,
    condition, and legal capacity of persons are binding upon citizens of
    the Philippines, even through living abroad
    ● The Court of Appeals (CA) subsequently reversed the RTC’s decision
    ○ Recognized the foreign divorce and ruled that Manalo had the right to remarry
    ○ Article 26 of the Family Code is applicable even if it was Manalo who
    filed for divorce against her Japanese husband because the decree they
    obtained makes the latter no longer married to the former, allowing him
    to remarry.
    ■ “Paragraph 2 of Article 26 speaks of “a divorce x x x validly obtained
    abroad by the alien spouse capacitating him or her to remarry.” Based
    on a clear and plain reading of the provision, it only requires that there
    be a divorce validly obtained abroad.
    ■ It does not distinguish whether the Filipino spouse is the petitioner or
    the respondent in the foreign divorce proceeding
    ● The Supreme Court affirmed the decision of the Court of Appeals

    ISSUE:
    ● Whether or not a Filipino citizen has the capacity to remarry under the Philippine law
    after initiating a divorce proceeding abroad and obtaining a favorable judgement
    against his/her alien spouse who is capacitated to remarry

    RULING:
    YES. Pursuant to paragraph 2 of Article 26 of the Family Code. However, this case was
    remanded to the RTC to allow Manalo to prove the Japanese law on divorce. Based on a
    clear and plain reading of the provision, it only requires that there be a divorce validly
    obtained abroad. The letter of the law does not demand that the alien spouse should
    be the one who initiated the proceeding wherein the divorce decree was granted.
    The legislature is presumed to know the meaning of the words, to have used words
    advisedly, and to have expressed its intent by the use of such words as are found in the
    statue. Verbal egis non est recedendum, or from the words of a statute there should be no
    departure.

    Par. 2 of Art.26 violates the Equal Protection Clause - Sec. 1 Art. III of the
    Constitution]
    The limitation of the provision only to a foreign divorce initiated by the alien souse is
    unreasonable as it is based on superficial, arbitrary, and whimsical classification.

    A Filipino married to another Filipino is NOT similarly situated with a Filipino married
    to a foreign citizen. There are real, material, and substantial differences between them.
    Ergo, they should NOT be treated alike, both as to rights conferred and liabilities imposed.

    While a divorce decree obtained abroad by a Filipino against another Filipino is null
    and void, a divorce decree obtained by an alien against his or her Filipino spouse is
    recognized if made in accordance with the national law of the foreigner.

    On the contrary, there is NO real and substantial difference between a Filipino who
    initiated a foreign divorce proceedings and a Filipino who obtained a divorce decree upon
    the instance of his/her alien spouse. In the eyes of the Philippine and foreign laws, both are
    considered as Filipinos who have the same rights and obligations in an alien land.
    Were it not for Par. 2 of Art 26, both are still married to their foreign spouses who are
    no longer their wives/husbands. Hence, to make a distinction between them based merely
    on the superficial difference of whether they initiated the divorce proceedings or not is utterly
    unfair. The treatment gives undue favor to one and unjustly discriminate against the other.

    Digest Reference:
    http://attylaserna.blogspot.com/2018/07/declaration-of-nullity-of-marriage-in.html
    And
    https://www.scribd.com/document/387755286/Rep-vs-Manalo-DIGEST#

    Full text:
    https://www.lawphil.net/judjuris/juri2018/apr2018/gr_221029_2018.html

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