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    Republic of The Philippines v. Marelyn Tanedo Manalo

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    The Supreme Court of the Philippines partially affirmed a Court of Appeals decision regarding whether a divorce obtained by Marelyn Tanedo Manalo in Japan was valid in the Philippines. Manalo had married a Japanese national and subsequently obtained a divorce decree from a Japanese court. While the Court of Appeals found the divorce valid, the Supreme Court ruled that it did not have sufficient evidence, as foreign laws must be proven in Philippine courts. The Supreme Court remanded the case back to the lower court to receive evidence on the relevant Japanese law regarding divorce.

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    Republic of The Philippines v. Marelyn Tanedo Manalo

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    G S
    414 views2 pages
    The Supreme Court of the Philippines partially affirmed a Court of Appeals decision regarding whether a divorce obtained by Marelyn Tanedo Manalo in Japan was valid in the Philippines. Manalo had married a Japanese national and subsequently obtained a divorce decree from a Japanese court. While the Court of Appeals found the divorce valid, the Supreme Court ruled that it did not have sufficient evidence, as foreign laws must be proven in Philippine courts. The Supreme Court remanded the case back to the lower court to receive evidence on the relevant Japanese law regarding divorce.

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    Republic of the Philippines v. Marelyn Tanedo Manalo, G.R. No. 221029, 24 April 2018, Peralta

    Original Title

    Republic of the Philippines v. Marelyn Tanedo Manalo

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    The Supreme Court of the Philippines partially affirmed a Court of Appeals decision regarding whether a divorce obtained by Marelyn Tanedo Manalo in Japan was valid in the Philippines. Manalo had married a Japanese national and subsequently obtained a divorce decree from a Japanese court. While the Court of Appeals found the divorce valid, the Supreme Court ruled that it did not have sufficient evidence, as foreign laws must be proven in Philippine courts. The Supreme Court remanded the case back to the lower court to receive evidence on the relevant Japanese law regarding divorce.

    Copyright:

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

    Republic of The Philippines v. Marelyn Tanedo Manalo

    Uploaded by

    G S
    The Supreme Court of the Philippines partially affirmed a Court of Appeals decision regarding whether a divorce obtained by Marelyn Tanedo Manalo in Japan was valid in the Philippines. Manalo had married a Japanese national and subsequently obtained a divorce decree from a Japanese court. While the Court of Appeals found the divorce valid, the Supreme Court ruled that it did not have sufficient evidence, as foreign laws must be proven in Philippine courts. The Supreme Court remanded the case back to the lower court to receive evidence on the relevant Japanese law regarding divorce.

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    Republic of the Philippines v. Marelyn Tanedo Manalo, G.R. No.

    221029, 24
    April 2018, Peralta [J].

    Facts: Respondent Marelyn Tanedo Manalo married a Japanese national, Yoshino


    Minoro, in the Philippines. Subsequently, she filed for divorce in Japan and was able to
    obtain a divorce decree from a Japanese Court on 6 December 2011. Consequently, she
    filed a petition for cancellation of entry of marriage. This was later amended so that it
    will also be treated as a petition for recognition of foreign judgment. The trial court
    denied the petition on the ground that under Article 15 of the Civil Code, Filipinos are
    not allowed to file for divorce.

    CA reversed the lower court’s decision stating that under Article 26 of the Family Code,
    it is inconsequential who filed for divorce because “it would be the height of injustice to
    consider Manalo still married to the Japanese national, who, in turn, is no longer
    married to her.” Hence, this petition by the OSG assailing the CA’s decision.

    Issues: Whether the divorce obtained by Manalo from Japan valid here in the
    Philippines

    Held: SC partially affirmed the Court of Appeals decision since the Court cannot
    determine due to insufficient evidence. It has been ruled that foreign laws must be
    proven. There are two basic types of divorces: (1) absolute divorce or a vinculo
    matrimonii, which terminates the marriage, and (2) limited divorce or a mensa et thoro,
    which suspends it and leaves the bond in full force.

    The presentation solely of the divorce decree will not suffice to lead the Court to believe
    that the decree is valid or constitutes absolute divorce. The fact of divorce must still be
    proven. Therefore, the Japanese law on divorce must still be proved.
    In this case, the Court remanded the case to the court of origin for further proceedings
    and reception of evidence as to the relevant Japanese law on divorce.

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