Case Digest (G.R. No. 215723)
Facts:
In Doreen Grace Parilla Medina, a.k.a. “Doreen Grace Medina Koike”, petitioner, and Michiyuki Koike, respondent, were wed on June 14, 2005 in Quezon City, Philippines, and had two children. On June 14, 2012, they obtained a divorce in Ichinomiya City, Aichi Prefecture, Japan, as evidenced by a Divorce Certificate recorded in the Official Family Register of Michiyuki. On February 7, 2013, petitioner filed with the Regional Trial Court (RTC) of Quezon City, Branch 106, Sp. Proc. No. Q-13-72692, a petition for judicial recognition of that foreign divorce and declaration of capacity to remarry under the second paragraph of Article 26 of the Family Code (1987 Constitution). No opposition appeared. Petitioner submitted authenticated Japanese documents—the Certificate of Receiving/Acceptance of Divorce, the Family Register of Michiyuki, a machine copy of the Divorce Certificate authenticated by the DFA, and a Manila City Civil Registry Certification of Record—alongside photocopies of t...Case Digest (G.R. No. 215723)
Facts:
- Marriage and Family
- Petitioner Doreen Grace Parilla Medina (“Doreen”), a Filipino citizen, and respondent Michiyuki Koike (“Michiyuki”), a Japanese national, were married on June 14, 2005 in Quezon City, Philippines.
- The marriage produced two children: Masato Koike (b. January 23, 2006) and Fuka Koike (b. April 4, 2007).
- Foreign Divorce Proceedings
- On June 14, 2012, Doreen and Michiyuki filed for divorce before the Mayor of Ichinomiya City, Aichi Prefecture, Japan, and were divorced on the same date. The divorce decree was recorded in Michiyuki’s Official Family Register.
- Doreen sought annotation of the Japanese Divorce Certificate on her Philippine Certificate of Marriage by filing a petition for judicial recognition of foreign divorce and declaration of capacity to remarry under Article 26 of the Family Code.
- RTC Petition and Evidence
- On February 7, 2013, Doreen filed Sp. Proc. No. Q-13-72692 before the Regional Trial Court (RTC) of Quezon City, Branch 106. No party appeared in opposition.
- Doreen presented as evidence:
- Certificate of Acceptance of Divorce and Certificate of Receiving, and Michiyuki’s Family Register, all issued by the Mayor of Ichinomiya City and authenticated by the Philippine Consul in Osaka.
- A certified machine copy of the Divorce Certificate, authenticated by the Department of Foreign Affairs, and a certification from the Manila City Civil Registry.
- Photocopies and English translations of the Civil Code of Japan, and two books entitled The Civil Code of Japan 2000 and The Civil Code of Japan 2009.
- RTC Ruling and Motion for Reconsideration
- In a Decision dated July 31, 2014, the RTC denied the petition for failing to prove the national law of the alien spouse under Sections 24 and 25, Rule 132 of the Rules of Evidence. The court found the Japanese Civil Code books inadmissible without proper authentication or expert testimony.
- Doreen’s motion for reconsideration was denied in a Resolution dated November 28, 2014. She then filed this petition for review on certiorari before the Supreme Court.
Issues:
- Whether the RTC erred in denying Doreen’s petition for judicial recognition of her foreign divorce and declaration of capacity to remarry under Article 26 of the Family Code.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)