Title
Supreme Court
Morisono vs. Morisono
Case
G.R. No. 226013
Decision Date
Jul 2, 2018
Filipino petitioner seeks recognition of foreign divorce in Japan to remarry; Supreme Court remands case for proof of divorce validity under Japanese law.

Case Digest (G.R. No. 70451)
Expanded Legal Reasoning Model

Facts:

  • Marriage and Family Life
    • Luzviminda Dela Cruz Morisono (petitioner), a Filipino citizen, married Ryoji Morisono (respondent), a Japanese national, in Quezon City on December 8, 2009.
    • The couple lived together in Japan for one year and three months but did not have children.
    • Their marriage was marred by constant quarrels, largely due to Ryoji's philandering and the significant age difference between the spouses.
  • Divorce Proceedings Abroad
    • Luzviminda and Ryoji submitted a "Divorce by Agreement" petition before the City Hall of Mizuho-Ku, Nagoya City, Japan.
    • The divorce was approved on January 17, 2012, and duly recorded with the Head of Mizuho-Ku on July 1, 2012.
  • Petition for Recognition in the Philippines
    • Luzviminda filed a petition for recognition of the foreign divorce decree before the Regional Trial Court (RTC) of Quezon City to allow cancellation of her former husband's surname in her passport and for the capacity to remarry under Philippine law.
    • The RTC conducted a hearing where Luzviminda’s evidence was presented ex-parte due to lack of opposition except from the government, and her formal offer of evidence was admitted.
  • RTC Decision
    • The RTC denied Luzviminda's petition in its Decision dated July 18, 2016.
    • The ruling was based on the nationality principle under Article 15 of the Civil Code and Article 26(2) of the Family Code, which, the RTC held, does not allow a Filipino spouse who procured the foreign divorce to have it recognized.
    • The RTC held that since Luzviminda is Filipino and Philippine law does not allow divorce, the foreign divorce decree she procured was not binding domestically.
  • Petition for Review
    • Luzviminda elevated the case to the Supreme Court via a petition for review on certiorari, contesting the RTC's denial.

Issues:

  • Whether the RTC correctly denied Luzviminda’s petition for recognition of the foreign divorce decree obtained with her foreign spouse.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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