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Edelina T. Ando vs. Department of Foreign Affairs GR No. 195432 August 27, 2014 Facts

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Kyle Janvier Villaluz

Edelina T. Ando filed a petition for declaratory relief seeking recognition of her second marriage to Masatomi Ando after divorcing her first husband Yuichiro Kobayashi in Japan. The trial court dismissed the petition for failing to comply with requirements to judicially recognize foreign divorce decrees under Philippine law. On appeal, the Supreme Court upheld the dismissal, finding Edelina did not submit sufficient proof of both the Japanese divorce decree and the national law of Japan governing its validity. The Court ruled foreign divorces must be proven valid under the national law of the divorcing parties for Philippine courts to recognize them and allow remarriage.

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Edelina T. Ando vs. Department of Foreign Affairs GR No. 195432 August 27, 2014 Facts

Uploaded by

Kyle Janvier Villaluz
120 views1 page
Edelina T. Ando filed a petition for declaratory relief seeking recognition of her second marriage to Masatomi Ando after divorcing her first husband Yuichiro Kobayashi in Japan. The trial court dismissed the petition for failing to comply with requirements to judicially recognize foreign divorce decrees under Philippine law. On appeal, the Supreme Court upheld the dismissal, finding Edelina did not submit sufficient proof of both the Japanese divorce decree and the national law of Japan governing its validity. The Court ruled foreign divorces must be proven valid under the national law of the divorcing parties for Philippine courts to recognize them and allow remarriage.

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Ando-vs.-DFA

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Edelina T. Ando filed a petition for declaratory relief seeking recognition of her second marriage to Masatomi Ando after divorcing her first husband Yuichiro Kobayashi in Japan. The trial court dismissed the petition for failing to comply with requirements to judicially recognize foreign divorce decrees under Philippine law. On appeal, the Supreme Court upheld the dismissal, finding Edelina did not submit sufficient proof of both the Japanese divorce decree and the national law of Japan governing its validity. The Court ruled foreign divorces must be proven valid under the national law of the divorcing parties for Philippine courts to recognize them and allow remarriage.

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© All Rights Reserved
Download as DOC, PDF, TXT or read online from Scribd
Download as doc, pdf, or txt
120 views1 page

Edelina T. Ando vs. Department of Foreign Affairs GR No. 195432 August 27, 2014 Facts

Uploaded by

Kyle Janvier Villaluz
Edelina T. Ando filed a petition for declaratory relief seeking recognition of her second marriage to Masatomi Ando after divorcing her first husband Yuichiro Kobayashi in Japan. The trial court dismissed the petition for failing to comply with requirements to judicially recognize foreign divorce decrees under Philippine law. On appeal, the Supreme Court upheld the dismissal, finding Edelina did not submit sufficient proof of both the Japanese divorce decree and the national law of Japan governing its validity. The Court ruled foreign divorces must be proven valid under the national law of the divorcing parties for Philippine courts to recognize them and allow remarriage.

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Edelina T. Ando vs.

Department of Foreign Affairs


GR No. 195432
August 27, 2014

Facts:

September 16, 2001, Edelina Ando married Yuichiro Kobayashi, a Japanese National, in a civil
wedding solemnized at Candaba, Pampanga. On September 16, 2004, Yuchiro Kobayahi sought a
divorce in Japan and was granted by the Japaneselaws. Believing in good faith that said divorce
capacitated Edelina Ando to remarry and that by such she reverted to her single status and married
Masatomi Y. Ando 13 September 13, 2005 in a civil wedding celebrated in Sta. Ana, Pampanga.

Recently, petitioner applied for the renewal of her Philippine passport to indicate her surname withher
husband Masatomi Y. Ando but she was told at the Department of Foreign Affairs that the same cannot
be issued to her until she can prove by competent court decision that her marriage with her said
husband Masatomi Y. Ando is valid until otherwise declared.

Prescinding from the foregoing, petitioner filed with the RTC a petition for declaratory relief praying
that her marriage with Masatomi Ando be honored, considered and declared valid, unil otherwise
declared by a competent court. Consequently and until then, petitioner therefore is and must declared
entitled to the issuance of a Philippine passport under the name, “Edelina Ando y Tungol”.

The RTC dismissed the petition for want of cause and action for not complying with the requirements
set forth in Art. 13 of the family Code, that is obtaining a judicial recognition of the foreign decree of
absolute divorce in our country, thus not entitled to the reliefs prayed for. Petitioner’s allegation that
since no judicial declaration of nullity of her marriage with Ando was rendered does not make the ame
valid because such declaration under Article 40 of the Family Code is applicable only in case of re-
marriage. Petitioner moved for reconsideration but was denied. Hence, petition for review.

Issue:

Whether or not petitioner’s second marriage should be recognized

Ruling:

No. Edelina’s second marriage should not be recognized. With respect to her prayer for the recognition
of her second marriage as valid, Edelina should have filed, instead, a petition for the judicial
recognition of her foreign divorce from her first husband. In Garcia v. Recio, the Court 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 filed before a trial court actually constitutes a petition for declaratory relief, the
Court is still unable to grant the prayer of Edelina. As held by the RTC, there appears to be insufficient
proof or evidence presented on record of both the national law of her first 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.

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