Case Summary (G.R. No. 248355)
Antecedent Facts
Maricel L. Rivera filed a Petition for Judicial Recognition of a Foreign Judgment/Divorce with the Regional Trial Court (RTC) on September 23, 2015, after previously marrying Woo Namsun on April 18, 2007, in Quezon City. After experiencing abuse, Rivera returned to the Philippines and later found that Namsun had filed for divorce. He remarried in November 2011, prompting Rivera to seek the judicial recognition of their divorce to enable her to remarry.
Ruling of the RTC
On March 1, 2017, the RTC recognized the divorce decree. The RTC's decision was founded on the authentication of the divorce judgment and the corresponding South Korean law, accepting submitted evidence including an Authentication Certificate from the Department of Foreign Affairs (DFA) and confirmation from the South Korean Embassy. The RTC emphasized the lack of authority in the City Civil Registry Office to register the divorce without a judicial order, referencing precedent cases that upheld this principle.
Appeal by the OSG
The Office of the Solicitor General (OSG) contested the RTC's ruling on March 29, 2017, citing insufficient proof of the foreign law and authentication requirements. They argued that the evidence submitted by Rivera did not meet the standards set forth in the Rules of Court, particularly lacking proper attestation regarding the validity of the South Korean law regarding divorce.
Ruling of the Court of Appeals (CA)
On March 8, 2019, the CA reversed the RTC decision, determining that Rivera failed to establish the divorce’s factual and lawful basis under South Korean law adequately. The CA noted that the documents were mere copies and did not fulfill the evidentiary requirements, lacking proper certification and legal custody verification by an appropriate authority.
Issues Raised
The case raises pivotal questions regarding the sufficiency of evidence to establish the validity of a foreign divorce decree and associated laws for juridical recognition, alongside whether the case should be remanded to the RTC for further evidence reception.
Court's Ruling
The Supreme Court found the petition partially meritorious, indicating that the evidence did not comply with the Rules of Court requirements for recognizing a foreign divorce decree. The court underscored that Philippine law does not recognize absolute divorce as it contradicts public policy, yet it allows recognition of foreign divorces under specific circumstances provided in Article 26 of the Family Code. It reiterated that the onus is on the petitioner to prove both the divorce and the applicable foreign law.
Evidence Requirements
The court clarified that to recognize a foreign divorce, evidence must include either a public document or certified copies attested by the legal custodian. The petitioner did not meet this burden as the evidence contained insufficient certification, particularly lacking validation from authorities w
...continue readingCase Syllabus (G.R. No. 248355)
Case Overview
- This case revolves around the Petition for Review on Certiorari filed by Maricel L. Rivera against Woo Namsun and the Office of the Civil Registrar General, concerning the judicial recognition of a foreign divorce decree.
- The dispute arose after the Court of Appeals reversed the Regional Trial Court's (RTC) decision, which had recognized Rivera's foreign divorce and granted her the capacity to remarry.
Antecedent Facts
- Maricel L. Rivera married Woo Namsun, a South Korean national, on April 18, 2007, in Quezon City.
- The couple lived in South Korea shortly after their marriage but faced marital issues, leading Rivera to return to the Philippines in 2008.
- In 2011, Rivera learned that Namsun had obtained a divorce from the Seoul Family Court on June 14, 2011, after which he remarried.
- Seeking to remarry due to her own relationship with another Korean national, Rivera filed for the judicial recognition of her foreign divorce on September 23, 2015.
Ruling of the Regional Trial Court (RTC)
- On March 1, 2017, the RTC recognized the judgment of divorce from the Seoul Family Court and declared Rivera as capacitated to contract another marriage.
- The RTC based its decision on the authenticity of the divorce judgment and the South Korean law allowing for divorce, as proven by certificates from the Department of Foreign Affairs (DFA) and the South Korean Embassy.
- The RTC ruled that the Local Civil Registrar had no authority to record the foreign divorce without a judicial