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    Arreza Vs Toyo

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    phgmb
    Genevieve, a Filipino, and her Japanese husband Tetsushi Toyo filed for divorce in Japan after 19 years of marriage. Genevieve then filed a petition in the Philippines for judicial recognition of the foreign divorce and declaration of her capacity to remarry. The regional trial court denied the petition because she failed to prove the law in Japan allowing the divorce. The Supreme Court affirmed, holding that Philippine courts require proof of both the foreign divorce judgment and the law in the country allowing divorce, as courts do not take judicial notice of foreign laws. The English translation Genevieve submitted was not an official publication from Japan and did not meet authentication requirements for proving Japanese law.

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    Arreza Vs Toyo

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    phgmb
    120 views1 page
    Genevieve, a Filipino, and her Japanese husband Tetsushi Toyo filed for divorce in Japan after 19 years of marriage. Genevieve then filed a petition in the Philippines for judicial recognition of the foreign divorce and declaration of her capacity to remarry. The regional trial court denied the petition because she failed to prove the law in Japan allowing the divorce. The Supreme Court affirmed, holding that Philippine courts require proof of both the foreign divorce judgment and the law in the country allowing divorce, as courts do not take judicial notice of foreign laws. The English translation Genevieve submitted was not an official publication from Japan and did not meet authentication requirements for proving Japanese law.

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    arreza vs toyo

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    Genevieve, a Filipino, and her Japanese husband Tetsushi Toyo filed for divorce in Japan after 19 years of marriage. Genevieve then filed a petition in the Philippines for judicial recognition of the foreign divorce and declaration of her capacity to remarry. The regional trial court denied the petition because she failed to prove the law in Japan allowing the divorce. The Supreme Court affirmed, holding that Philippine courts require proof of both the foreign divorce judgment and the law in the country allowing divorce, as courts do not take judicial notice of foreign laws. The English translation Genevieve submitted was not an official publication from Japan and did not meet authentication requirements for proving Japanese law.

    Copyright:

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

    Arreza Vs Toyo

    Uploaded by

    phgmb
    Genevieve, a Filipino, and her Japanese husband Tetsushi Toyo filed for divorce in Japan after 19 years of marriage. Genevieve then filed a petition in the Philippines for judicial recognition of the foreign divorce and declaration of her capacity to remarry. The regional trial court denied the petition because she failed to prove the law in Japan allowing the divorce. The Supreme Court affirmed, holding that Philippine courts require proof of both the foreign divorce judgment and the law in the country allowing divorce, as courts do not take judicial notice of foreign laws. The English translation Genevieve submitted was not an official publication from Japan and did not meet authentication requirements for proving Japanese law.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Arreza vs Toyo

    Genevieve (Filipino) and Tetsushi Toyo (Japanese) were married in the Philippines. After 19
    years of marriage, the two filed a Notification of Divorce by Agreement in Japan. Genevieve
    filed before the RTC a Petition for judicial recognition of foreign divorce and declaration of
    capacity to remarry.
    The RTC rendered a Judgment denying Genevieve's Petition by reason that she failed to prove
    the copy of Japan's law.
    ISSUE: Whether the petition for judicial recognition of foreign divorce be denied?
    HELD: YES.
    Settled is the rule that in actions involving the recognition of a foreign divorce judgment, it is
    indispensable that the petitioner prove not only the foreign judgment granting the divorce, but
    also the alien spouse's national law. This rule is rooted in the fundamental theory that Philippine
    courts do not take judicial notice of foreign judgments and laws.
    The English translation submitted by petitioner was published by Eibun-Horei-Sha, Inc., a
    private company in Japan engaged in publishing English translation of Japanese laws, which
    came to be known as the EHS Law Bulletin Series. However, these translations are "not
    advertised as a source of official translations of Japanese laws;" rather, it is in the KANPO or the
    Official Gazette where all official laws and regulations are published, albeit in Japanese.
    Accordingly, the English translation submitted by petitioner is not an official publication
    exempted from the requirement of authentication.

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