Law Dictionary

Question A.4, Civil Law, 2019 Bar Exam

Notice: The following suggested answers simulate those that a bar examinee may provide as an answer to a bar exam question. Thus, specific citations (i.e., republic acts, articles/sections, jurisprudence, etc.) are not provided because it is not required in the bar exam. For purposes other than answering the bar exam, please be reminded that proper referencing or legal citation is required.

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%)

Suggested Answer:

Yes. Answer

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

Disclaimer: All information is for educational and general information only. These should not be taken as professional legal advice or opinion. Please consult a competent lawyer to address your specific concerns. Any statements or opinions of the author are solely his own and do not reflect that of any organization he may be connected.

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