Case Digest (G.R. No. 227605)
Facts:
- Petitioner: Juliet Rendora MoraAa; Respondent: Republic of the Philippines.
- Supreme Court decision date: December 5, 2019.
- Marriage between Juliet and Minoru Takahashi (Japanese national) on June 24, 2002, in San Juan, Metro Manila.
- The couple moved to Japan and had two children: Haruna (born January 5, 2003) and Nanami (born May 8, 2006).
- Estrangement occurred after ten years due to Minoru's failure to provide support and cohabitation with another woman.
- Minoru suggested divorce to secure financial assistance for their children's education.
- Juliet agreed, and they jointly applied for divorce in Fukuyama City, Japan, which was granted on May 22, 2012.
- Juliet filed a petition for recognition of the Divorce Report in the Regional Trial Court in Manila (Civil Case No. 12-128788) on October 2, 2012.
- The trial court dismissed the petition on December 23, 2013, due to the absence of the Divorce Decree.
- Juliet's motion for reconsideration was denied on June 30, 2014.
- The Court of Appeals affirmed the trial court's decision on July 5, 2016, and denied her motion for reconsideration on October 13, 2016.
- Juliet appealed to the Supreme Court, claiming errors in the lower courts' rulings.
Issue:
- (Unlock)
Ruling:
- The Supreme Court granted the petition, reversing the Court of Appeals' decisions.
- The case was remanded to the Regional Trial Court for further proceedings regarding the...(Unlock)
Ratio:
- Philippine law does not allow absolute divorce; however, Article 26 of the Family Code permits a Filipino married to a foreign national to remarry if a valid divorce decree is obtained by the alien spouse abroad.
- The Court clarified that the alien spouse does not need to initiate the divorce proceedings for it to be recognized.
- A foreign divorce decree can be recognized in the Philippines even if the Filipino spouse participated in obtaining it.
- The Divorce Report from the Office of the Mayor of Fukuyama City was deemed equivalent to a Divorce Decree under Japanese law, serving as valid evidence of divorce.
- The petitioner sufficiently proved t...continue reading
Case Digest (G.R. No. 227605)
Facts:
The case involves petitioner Juliet Rendora MoraAa and respondent Republic of the Philippines, with the decision rendered by the Supreme Court on December 5, 2019. The events began when Juliet and her husband, Minoru Takahashi, a Japanese national, were married on June 24, 2002, in San Juan, Metro Manila. They later moved to Japan, where they had two children: Haruna Takahashi, born on January 5, 2003, and Nanami Takahashi, born on May 8, 2006. After ten years of marriage, the couple became estranged due to Minoru's failure to fulfill his marital obligations, including providing financial support for their children, and his cohabitation with another woman. In response to Juliet's demands for support, Minoru suggested they obtain a divorce to secure financial assistance from the Japanese government for their children’s education. Believing this was in the best interest of their children, Juliet agreed, and they jointly applied for a divorce at the Office of the Mayor of Fukuyama City, Japan. On May 22, 2012, their application was granted, and a Divorce Report was issued.
On October 2, 2012, Juliet filed a petition for recognition of the Divorce Report with the Regional Trial Court in Manila, which was assigned Civil Case No. 12-128788. During the trial, she presented various documents, including the Divorce Report and a Certificate of All Matters, but did not present the actual Divorce Decree. The trial court dismissed her petition on December 23, 2013, citing the absence of the Divo...