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    Ando V DFA

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    MartinCroffson
    Edelina Ando filed a petition for declaratory relief with the regional trial court (RTC) to declare her second marriage valid and compel the Department of Foreign Affairs (DFA) to issue her a passport indicating her name from her second marriage. The RTC dismissed the petition for lack of cause of action and jurisdiction. The Supreme Court upheld the dismissal, finding that (1) Edelina should have first appealed to the Secretary of Foreign Affairs regarding her passport; and (2) she needed to file a petition for judicial recognition of her foreign divorce from her first husband to validate her second marriage, but she failed to sufficiently prove the validity of the foreign divorce decree under her first husband's national law.

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    Ando V DFA

    Uploaded by

    MartinCroffson
    198 views2 pages
    Edelina Ando filed a petition for declaratory relief with the regional trial court (RTC) to declare her second marriage valid and compel the Department of Foreign Affairs (DFA) to issue her a passport indicating her name from her second marriage. The RTC dismissed the petition for lack of cause of action and jurisdiction. The Supreme Court upheld the dismissal, finding that (1) Edelina should have first appealed to the Secretary of Foreign Affairs regarding her passport; and (2) she needed to file a petition for judicial recognition of her foreign divorce from her first husband to validate her second marriage, but she failed to sufficiently prove the validity of the foreign divorce decree under her first husband's national law.

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    Ando v DFA digest

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    Ando v DFA

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    Edelina Ando filed a petition for declaratory relief with the regional trial court (RTC) to declare her second marriage valid and compel the Department of Foreign Affairs (DFA) to issue her a passport indicating her name from her second marriage. The RTC dismissed the petition for lack of cause of action and jurisdiction. The Supreme Court upheld the dismissal, finding that (1) Edelina should have first appealed to the Secretary of Foreign Affairs regarding her passport; and (2) she needed to file a petition for judicial recognition of her foreign divorce from her first husband to validate her second marriage, but she failed to sufficiently prove the validity of the foreign divorce decree under her first husband's national law.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    198 views2 pages

    Ando V DFA

    Uploaded by

    MartinCroffson
    Edelina Ando filed a petition for declaratory relief with the regional trial court (RTC) to declare her second marriage valid and compel the Department of Foreign Affairs (DFA) to issue her a passport indicating her name from her second marriage. The RTC dismissed the petition for lack of cause of action and jurisdiction. The Supreme Court upheld the dismissal, finding that (1) Edelina should have first appealed to the Secretary of Foreign Affairs regarding her passport; and (2) she needed to file a petition for judicial recognition of her foreign divorce from her first husband to validate her second marriage, but she failed to sufficiently prove the validity of the foreign divorce decree under her first husband's national law.

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    Edelina Ando v.

    DFA
    Aug. 27, 2014 | Sereno | 1st
    FACTS:
    Edelina Ando married Japanese National Yuichiro Kobayashi. In Japan,
    Yuichiro Kobayashi was validly granted a divorce. Believing in good faith
    that the divorce capacitated her to remarry, Edelina married Masatomi Ando.
    Edelina applied for the renewal of her Philippine passport to indicate her
    surname as Ando but was told at the DFA that the same cannot be issued to
    her until she can prove by competent court decision that her marriage with
    her said husband Masatomi is valid until otherwise declared.
    Edelina filed with the RTC a petition for declaratory relief, impleading the
    DFA as respondent and praying the court to declare her marriage with
    Masatomi as valid and to direct the DFA to issue a passport under the name
    Edelina Ando y Tungol. RTC issued an order dismissing the petition for
    want of cause and action as well as jurisdiction. The RTC said there is no
    showing that Edelina complied 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. After Edelina filed an ex parte motion for
    reconsideration of the order was endorsed to a family court, which dismissed
    the petition anew on the ground that petitioner had no cause of action. An ex
    parte motion for reconsideration was also denied.
    Edelina filed this petition for review under Rule 45.
    ISSUE: WON the RTC erred in ruling that she had no cause of action.
    PETITIONER: Under A.M. No. 02-11-10-SC, it is solely the wife or the
    husband who can file a petition for the declaration of the absolute nullity of
    a void marriage. Thus, the state cannot collaterally attack the validity of a
    marriage in a petition for declaratory relief. Further, Edelina alleged that a
    marriage shall be deemed valid until declared otherwise in a judicial
    proceeding. She also argued that assuming a court judgment recognizing a
    judicial decree of divorce is required under Article 13 of the Family Code,
    noncompliance therewith is a mere irregularity in the issuance of a marriage
    license.

    RESPONDENT: Prior judicial recognition by a Philippine court of a divorce


    decree obtained by the alien spouse is required before a Filipino spouse can
    remarry and be entitled to the legal effects of remarriage.
    SC: Petition is without merit.
    1. Edelina incorrectly filed a petition for declaratory relief with respect to
    her prayer to compel the DFA to issue her passport. She should have first
    appealed before the Secretary of Foreign Affairs, according to the Philippine
    Passport Act.
    2. Edelina should have filed a petition for the judicial recognition of her
    foreign divorce from her first husband with respect to her prayer for the
    recognition of her second marriage as valid.
    In Garcia v. Recio, the SC 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. Philippine
    courts do not take judicial notice of foreign laws and judgment. The 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.
    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. 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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