(Question A.4, Civil Law, 2019 Bar Exam)
F, a Filipina, married J, a Japanese, in the Philippines. After three (3) years, they had a falling out and thus, separated. Soon after, F initiated a divorce petition in Japan which was not opposed by J because under Japanese law, a grant of divorce will capacitate him to remarry. F’s divorce petition was then granted by the Japanese court with finality.
May the legal effects of the divorce decree be recognized in the Philippines, and consequently, capacitate F to remarry here? Explain. (3%)
Under jurisprudence, foreign divorce decrees may be recognized and enforced in the Philippines regardless of whether it was obtained by the Filipino spouse. Thereafter, the Filipino shall be capacitated to remarry. Rule
In the case at bar, F was able to successfully obtain a foreign divorce decree in Japan and it reached finality. Apply
Thus, the legal effects of the divorce decree may be recognized in the Philippines and, consequently, capacitate F to remarry here. Conclusion
(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)
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