Jose alfonso quibranza

CASES ON JUDICIAL NOTICE OF FOREIGN DIVORCE DECREES

Van Dorn v. Romillo Jr. [G.R. No. L-68470. October 8, 1985.] as

cited in (Racho v. Seiichi Tanaka, G.R. No. 199515, [June 25, 2018])
It is true that owing to the nationality principle embodied in Article 15 of the Civil Code, only Philippine
nationals are covered by the policy against absolute divorces the same being considered contrary to our concept
of public policy and morality. However, aliens may obtain divorces abroad, which may be recognized in the
Philippines, provided they are valid according to their national law. In this case, the divorce in Nevada released
private respondent from the marriage from the standards of American law, under which divorce dissolves the
marriage.

Ando v. DFA [G.R. No. 195432. August 27, 2014.]

In Garcia v. Recio, we ruled that a divorce obtained abroad by an alien may be recognized in our
jurisdiction, provided the decree is valid according to the national law of the foreigner. The presentation solely
of the divorce decree is insufficient; both the divorce decree and the governing personal law of the alien spouse
who obtained the divorce must be proven. Because our courts do not take judicial notice of foreign laws and
judgment, our law on evidence requires that both the divorce decree and the national law of the alien must be
alleged and proven and like any other fact. While it has been ruled that a petition for the authority to remarry
led before a trial court actually constitutes a petition for declaratory relief, we are still unable to grant the prayer
of petitioner. As held by the RTC, there appears to be insufficient proof or evidence presented on record of both
the national law of her 2rst husband, Kobayashi, and of the validity of the divorce decree under that national
law. Hence, any declaration as to the validity of the divorce can only be made upon her complete submission of
evidence proving the divorce decree and the national law of her alien spouse, in an action instituted in the
proper forum.

CASES ON HOW FOREIGN LAWS ARE TO BE PROVED

Garcia v. Recio, G.R. No. 138322, [October 2, 2001], 418 PHIL 723-739
REMEDIAL LAW; EVIDENCE; ADMISSIBILITY; OFFICIAL RECORD OF A FOREIGN COUNTRY, HOW PROVED.
— Before a foreign judgment is given presumptive evidentiary value, the document must first be presented and
admitted in evidence. A divorce obtained abroad is proven by the divorce decree itself. Indeed the best evidence
of a judgment is the judgment itself. The decree purports to be a written act or record of an act of an official
body or tribunal of a foreign country. Under Sections 24 and 25 of Rule 132, on the other hand, a writing or
document may be proven as a public or official record of a foreign country by either (1) an official publication
or (2) a copy thereof attested by the officer having legal custody of the document. If the record is not kept in
the Philippines, such copy must be (a) accompanied by a certificate issued by the proper diplomatic or consular
officer in the Philippine foreign service stationed in the foreign country in which the record is kept and (b)
authenticated by the seal of his office.

ATCI Overseas Corporation v. Echin, G.R. No. 178551, [October 11, 2010],
647 PHIL 43-52 As cited in (Nullada v. Civil Registrar of Manila, G.R. No.
224548, [January 23, 2019])
To prove a foreign law, the party invoking it must present a copy thereof and comply with Sections 24 and 25 of
Rule 132 of the Revised Rules of Court which read:
Sec. 24. Proof of official record. — The record of public documents referred to in paragraph (a) of Section 19,
when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by
the officer having the legal custody of the record, or by his deputy, and accompanied, if the record is not kept
in the Philippines, with a certificate that such officer has the custody. If the office in which the record is kept is
in a foreign country, the certificate may be made by a secretary of the embassy or legation, consul general,
consul, vice consul, or consular agent or by any officer in the foreign service of the Philippines stationed in the
foreign country in which the record is kept, and authenticated by his seal of office.
Sec. 25. What attestation of copy must state. — Whenever a copy of a document or record is attested for the
purpose of the evidence, the attestation must state, in substance, that the copy is a correct copy of the original,
if there be any, or if he be the clerk of court having a seal, under the seal of such court.