SC Reiterates Rule in Judicial Recognition

of Foreign Divorce
August 10, 2022

The Supreme Court has reiterated the rule that in petitions for judicial recognition of
foreign divorce, one must prove not only the fact of divorce but also the national law of
the foreign spouse for the divorce ruling to be legally recognized in the Philippines.

In a 10-page Decision penned by Justice Ramon Paul L. Hernando, the Court remanded
to the Regional Trial Court (RTC) of San Pedro City, Laguna, Branch 93 for further
proceedings and reception of evidence on the Japanese law on divorce the petition for
judicial recognition of foreign divorce filed by a Filipino citizen who divorced her
Japanese husband in 2007.

In 2015, respondent Jocelyn Asusano Kikuchi filed before the RTC a petition for judicial
recognition her foreign divorce. She claimed she married Fumio U. Kikuchi in 1993, and
in 2007, they jointly filed for divorce before the City Hall of Sakado City, Saitama
Prefecture. The Sakado City Mayor issued an Acceptance Certificate stating that her and
Fumio’s written notification of divorce had been accepted. The Acceptance Certificate
was accompanied by an Authentication from the Philippine Embassy in Tokyo, Japan.

The RTC granted Jocelyn’s petition, holding that the latter was able to establish the fact
of divorce and the national law of Japan. The Republic, through the Office of the
Solicitor General, moved to reconsider the RTC decision, but its motion was denied. The
Republic then appealed before the Court of Appeals (CA), which denied the same,
prompting the former to elevate the matter before the Supreme Court.

The Supreme Court found the Republic’s petition meritorious.

The Court held that while Jocelyn established the fact of divorce by submitting the
Acceptance Certificate as authenticated by the Philippine Embassy in Tokyo, Japan, she
was not able to establish the law of Japan on divorce.

The Court underscored that for a petition for judicial recognition of foreign divorce to
prosper, the party pleading it must prove the fact of divorce and the national law of the
foreign spouse.

Under Article 26 of Executive Order No. 209, series of 1987, as amended, or The Family
Code of the Philippines, a divorce between a foreigner and a Filipino may be recognized
in the Philippines as long as it was validly obtained according to the foreign spouse’s
national law.
Before a foreign divorce decree can be recognized by the court, the party pleading it
must first prove the fact of divorce and its conformity to the foreign law allowing it.

To prove that the divorce was valid under Japanese laws, Jocelyn submitted a
photocopy of the English translation of the Civil Code of Japan, published by Eibun-
Horei-Sha, Inc. and stamped with “LIBRARY, Japan Information and Culture Center,
Embassy of Japan, 2627 Roxas Boulevard, Pasay City.”

The Court was not convinced. It held that such document is devoid of any probative
value. “Not being an official translation, the document submitted by Jocelyn does not
prove the existing law on divorce in Japan. Unfortunately, without such evidence, there
is nothing on record to establish that the divorce between Jocelyn and Fumio was
validly obtained and is consistence with the Japanese law on divorce,” it said.

It added: “Given that Jocelyn was able to prove the fact of divorce but not the Japanese
law on divorce, a remand of the case rather than its outright dismissal is proper. This is
consistent with the policy of liberality that the Court has adopted in cases involving the
recognition of foreign decrees to Filipinos in mixed marriage.”

Thus, the Supreme Court granted the petition and reversed and set aside the assailed
November 15, 2018 Decision of the CA.

FULL TEXT: https://sc.judiciary.gov.ph/29085/