MEDINA vs.

KOIKE

GR 2157323 July 27, 2016

J. Perlas-Bernabe

FACTS
Doreen Parilla, a Filipino national married Michiyuki Koike, a Japanese national. They had three children
together. Doreen and Michiyuki filled for divorce pursuant to Japanese laws and later, they were issued
a divorce certificate.
Doreen returned to the Philippines and filed for a Judicial Recognition of Foreign Divorce and declaration
of capacity to remarry pursuant to Article 26 of the Family Code. During the proceedings, Doreen
presented a Certificate of Receiving or Certificate of Acceptance of Divorce, as well al the Authenticated
Family Register of Michiyuki Koike. In addition, she presented a photocopy of the Divorce Certificate
issued by the Consul for the Ambassador of Japan in Manila which was also authenticated by the
Department of Foreign Affairs and the the Manila City Civil Registry Office.

The lower court ruled that while the documents presented by Doreen proved the official records of her
marriage in Japan, proof on the national law of her husband and the existence of divorce laws remains
wanting.

ISSUE
WON the lower court erred in its denial of the said petition

RULING
Article 26, paragraph 2 of the Family Code provides that “Where a marriage between a Filipino citizen
and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien
spouse capacitating him or her to remarry, Filipino spouse shall likewise have capacity to remarry
under Philippine law.”
The starting point in any recognition of a foreign divorce judgment is acknowledgment that our courts
do not take judicial notice of foreign judgments and laws. However, the foreign judgment and its
authenticity must first be proven as facts under our rules on evidence, as well as the alien's applicable
national law to show the effect of the judgment on the alien himself or herself.
The Supreme Court remanded the case back to Court of Appeals for appropriate action.