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27 Setyembre 2024, Biyernes Thank you father God for another year. Register now and vote in midterm polls Aspirants file your certificate of candidacy on October 1-8,2024 Substitute candidates must be with same surname and political party …
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By iskup2015 on September 27, 2024

27 Setyembre 2024, Biyernes

Thank you father God for another year.

Register now and vote in midterm polls

Aspirants file your certificate of candidacy on October 1-8,2024

Substitute candidates must be with same surname and political party

Partylist must file Certificate of Nomination and Acceptance

No to Divorce!!!

Get well soon Nanay Angelita Santiago-Lopez

No to SOGIE bill

PM for any hospital discharge problem

Divorce abroad now recognized by Philippine courts

By J.Lo

Supreme Court ruled  divorce obtained abroad even through mutual agreement may be recognized in the Philippines.

Landmark  decision penned by Associate Justice Japar Dimaampao expands  scope of foreign divorce recognition in the country, had long been contentious.

In its ruling,  SC clarified  Philippine courts may recognize divorces obtained overseas, regardless of whether they were achieved through legal or administrative processes, or even mutual agreement.

SC decision cited  case of Filipino citizen Ruby Cuevas Ng  married Japanese national Akihiro Sono in Quezon City in 2004. After  couple relocated to Japan, their relationship deteriorated, leading to  "divorce decree by mutual agreement" in Japan.  Japanese embassy issued  divorce certificate attesting to arrangement.

Acting on Ng's petition,  regional trial court in the Philippines issued  judicial recognition of her divorce, allowing her to remarry.

However,  Office of the Solicitor General (OSG) challenged  RTC ruling, arguing that only court-issued foreign divorce decrees should be recognized in the Philippines.

This was debunked by  SC. "Filipinos previously married to foreigners can seek judicial recognition of their foreign divorce under Article 26, paragraph 2 of  Family Code."

High Tribunal emphasized whatever way  divorce is settled is irrelevant as long as it is legally valid in the country of  foreign spouse.

Decision  aims to prevent  situation where  foreign spouse can remarry while  Filipino spouse remains legally bound to  marriage. In Ng's case, she claimed  Japanese law permits divorce by mutual agreement or judicial action.

However,  SC had to remand Ng's case to  RTC to which she had to present first  authenticated copy of relevant Japanese divorce law.

According to Rule 132, Sections 24 and 25 of  Revised Rules on Evidence, foreign public documents must be validated either by official publication or by copies attested to by legal custodian.

SC noted that while Circular No. 157-2022-A of  Office of the Court Administrator includes  compilation of foreign divorce laws for reference, it does not exempt parties from complying with  Revised Rules on Evidence.

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