VDA. DE CATALAN V. CATALAN-LEE
G. R. No. 183622, [February 08, 2012]
DOCTRINE:
Aliens may obtain divorces abroad, which maybe recognized in the Philippines, provided they are valid ac-cording to their national law.
FACTS:
Orlando B. Catalan, a naturalized American citizen,allegedly obtained a divorce in the United States from his first wife, Felicitas Amor. He then contracted a second marriage with petitioner.
When Orlando died intestate in the Philippines, petitioner filed with the RTC a Petition for the issuance of letters of administration for her appointment as administratrix of the intestate estate. While the case was pending, respondent Louella A. Catalan-Lee, one of the children of Orlando from his first marriage, filed a similar petition with the RTC. The two cases were consolidated.
Petitioner prayed for the dismissal of the petition filed by the respondent on the ground of litis pendentia. Respondent alleged that petitioner was not considered an interested person qualified to file the petition. Respondent further alleged that a criminal case for bigamy was filed against petitioner by Felicitas Amor contending that petitioner contracted a second marriage to Orlando despite having been married to one Eusebio Bristol.
However, the RTC acquitted petitioner of bigamy and ruled that since the deceased was a divorced American citizen, and that divorce was not recognized under Philippine jurisdiction, the marriage between him and petitioner was not valid. The RTC took note of the action for declaration of nullity then pending filed by Felicitas Amor against the deceased and petitioner. It considered the pending action to be a prejudicial question in determining the guilt of petition-er for the crime of bigamy. The RTC also found that petitioner had never been married to Bristol.
The RTC subsequently dismissed the Petition for the issuance of letters of administration filed by petitioner and granted that of private respondent. Contrary to its findings in Crim. Case No. 2699-A, the RTC held that the marriage between petitioner and Eusebio Bristol was valid and subsisting when she married Orlando. The RTC held that petitioner was not an interested party who may file said petition. The CA affirmed the decision of the lower court.
ISSUES:
1. Whether the acquittal of petitioner in the crim. case for bigamy meant that the marriage with Bristol was still valid.
2. Whether the divorce obtained abroad by Orlando may be recognized under Philippine jurisdiction.
HELD:
It is imperative for the trial court to first determine the validity of the divorce to ascertain the rightful party to be issued the letters of administration over the estate of Orlando. Petition is partially granted. Case is remanded to RTC.
1. No. The RTC in the special proceedings failed to appreciate the finding of the RTC in Crim. Case that petitioner was never married to Eusebio Bristol. It concluded that, because petitioner was acquitted of bigamy, it follows that the first marriage with Bristol still existed and was valid.
2. Yes. Under the principles of comity, Philippine jurisdiction recognizes a valid divorce obtained by a spouse of for-eign nationality. Aliens may obtain divorces abroad, which may be recognized in the Philippines, provided they are valid according to their national law. Nonetheless, the fact of divorce must still first be proven by the divorce decree itself. The best evidence of a judgment is the judgment itself. Under Sections 24 and 25 of Rule 132, a writing or document may be proven as a public or official record of a foreign country by either (1) an official publication or (2) a copy thereof attested by the officer having legal custody of the document. If the record is not kept in the Philippines, such copy must be (a) accompanied by a certificate issued by the proper diplomatic or consular officer in the Philippine foreign service stationed in the foreign country in which the record is kept and (b) authenticated by the seal of his office.
Moreover, the burden of proof lies with the “party who alleges the existence of a fact or thing necessary in the prosecution or defense of an action.” In civil cases, plaintiffs have the burden of proving the material allegations of the complaint when those are denied by the answer; and defendants have the burden of proving the material allegations in their answer when they introduce new matters. It is well-settled in our jurisdiction that our courts cannot take judicial notice of foreign laws. Like any other facts, they must be alleged and proved.
It appears that the trial court no longer required petitioner to prove the validity of Orlando’s divorce under the laws of the United States and the marriage between petitioner and the deceased. Thus, there is a need to remand the proceedings to the trial court for further reception of evidence to establish the fact of divorce.
