Case Digest (G.R. No. 226013)
Facts:
Luzviminda Dela Cruz Morisono v. Ryoji Morisono and Local Civil Registrar of Quezon City, G.R. No. 226013, July 02, 2018, Supreme Court Second Division, Perlas‑Bernabe, J., writing for the Court.Petitioner Luzviminda Dela Cruz Morisono (Luzviminda) and private respondent Ryoji Morisono were married in Quezon City on December 8, 2009. The couple lived together in Japan for about one year and three months but had frequent quarrels; Ryoji, a Japanese national, was alleged to have been unfaithful. While in Japan the spouses submitted a “Divorce by Agreement” that was approved on January 17, 2012 and recorded with the Head of Mizuho‑Ku, Nagoya City on July 1, 2012.
Petitioner filed a petition for recognition of the foreign divorce decree before the Regional Trial Court (RTC) of Quezon City in SP. PROC. NO. Q‑12‑71830 (petition dated August 24, 2012) so she could cancel her former husband’s surname in her passport and be able to remarry. After jurisdictional requirements were met, the RTC set the case for hearing; no private opposing party appeared and petitioner presented evidence ex parte, which the RTC admitted over no objection from the Public Prosecutor.
In a Decision dated July 18, 2016, the RTC denied Luzviminda’s petition. The RTC reasoned that under the nationality principle in Article 15 of the Civil Code and Article 26(2) of the Family Code a divorce obtained abroad by a Filipino spouse is not binding in the Philippines; because Luzviminda, a Filipino, admittedly initiated the foreign divorce,...(Subscriber-Only)
Issues:
- Did the RTC correctly deny petitioner Luzviminda’s petition for recognition of the foreign divorce decree she procured with her then‑husb...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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