G.R. No.

195432

August 27, 2014

EDELINA T. ANDO, Petitioner,

vs.
DEPARTMENT OF FOREIGN AFFAIRS, Respondent.
FACTS:
On 2001, petitioner married Yuichiro Kobayashi, a Japanese National at Pampanga. On
2004, Kobayashi sought in Japan, and was validly granted under Japanese laws, a
divorce in respect of his marriage with petitioner. Believing in good faith that said
divorce capacitated her to remarry, petitioner married Masatomi Y. Ando on 2005
Pampanga.
Recently, petitioner applied for the renewal of her Philippine passport to indicate her
surname with her husband Ando but she 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
Ando is valid until otherwise declared.
On 2010, petitioner filed with the RTC a Petition for Declaratory Relief against t and
prayed for the declaration of her marriage with Ando valid until otherwise declared by a
competent court and for the entitlement of the issuance of a Philippine Passport under
the name "Edelina Ando y Tungol.
RTC dismissed the petition since there is no showing that petitioner 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 in our country. The marriage she
seeks to be declared as valid is a bigamous marriage under Article 35(4) of the Family
Code considering that the first one, though allegedly terminated by virtue of the divorce
obtained by Kobayashi, was never recognized by a Philippine court.
Petitioner alleges that under the law, a marriage even one that is void or voidable
shall be deemed valid until declared otherwise in a judicial proceeding.
DFA stated that petitioner failed to show she had first exhausted all available
administrative remedies, such as appealing to the Secretary of the DFA under Republic
Act No. (R.A.) 8239, or the Philippine Passport Act of 1996, before resorting to the
special civil action of declaratory relief.
ISSUE:
1. Whether or not the petitioners special civil action of declaratory relief in order to
be issued passport should prosper notwithstanding the provisions of R.A. 8239,
or the Philippine Passport Act of 1996.

2. Whether or not the petitioner should obtain first a prior judicial recognition by a
Philippine court of a divorce decree obtained by the alien spouse before she can
remarry and be entitled to the legal effects of remarriage, as stated under Art. 13
of the Family Code.
1

HELD:
1. NO. With respect to her prayer to compel the DFA to issue her passport, petitioner
incorrectly filed a petition for declaratory relief before the RTC. She should have first
appealed before the Secretary of Foreign Affairs.
Under Section 2 of the IRR of R.A. 8239, it is clear that for petitioner to obtain a copy of
her passport under her married name, all she needed to present were the original or
certified true copy of her marriage contract and a certified true copy of the Divorce
Decree duly authenticated by the Philippine Embassy or consular post that has
jurisdiction over the place where the divorce is obtained or by the concerned foreign
diplomatic or consular mission in the Philippines.
Should her application for a passport be denied, the remedies available to her are
provided in Section 9 of R.A. 8239, which states she shall have the right to appeal to the
Secretary of Foreign Affairs from whose decision judicial review may be had to the
Courts in due course. Clearly, she should have filed an appeal with the Secretary of the
DFA in the event of the denial of her application for a passport, after having complied
with the provisions of R.A. 8239.
2. Yes. with respect to her prayer for the recognition of her second marriage as valid,
petitioner should have filed, instead, a petition for the judicial recognition of her foreign
divorce from her first husband. 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. Both the divorce decree and the governing personal law of the alien
spouse who obtained the divorce must be alleged and proven because our courts do
not take judicial notice of foreign laws and judgment.
Hence, 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.