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of Australia; and Decree Nisi of Dissolution of Marriage in the Family Court of Australia
Certificate, among others. Hence, the Court remanded the case to the trial court to
receive evidence to show respondent's legal capacity to remarry.
Indeed, the Court has time and again granted liberality in cases involving the
recognition of foreign decrees to Filipinos in mixed marriages and free them from a
marriage in which they are the sole remaining party. In the aforementioned cases, the
Court has emphasized that procedural rules are designed to secure and not override
substantial justice, especially here where what is involved is a matter affecting lives of
families.
The Court sees no reason why the same treatment should not be applied here.
Consider:
First. Edna presented an Authenticated Report of Divorce in Japanese Language; an
English translation of the Report of Divorce; and an Authenticated Original copy of the
Family Register of Katsuhiro. Too, she actively participated throughout the proceedings
through her sister and attorney-in-fact, Luzviminda, despite financial and logistical
constraints. She also showed willingness to provide the final document the trial court
needed to prove Katsuhiro's capacity to remarry.
Second. As the OSG noted, the present case concerns Edna's status. Hence, res
judicata shall not apply and Edna could simply refile the case if dismissed. This process
though would be a waste of time and resources, not just for both parties, but the trial
court as well.[31] In RCBC v. Magwin Marketing Corp.,[32] the Court surmised that
there was no substantial policy upheld had it simply dismissed the case and required
petitioner to pay the docket fees again, file the same pleadings as it did in the
proceedings with the trial court, and repeat the belabored process. This reenactment
would have been a waste of judicial time, capital, and energy.
Third. In its Comment, the OSG did not object to Edna's prayer to have the case
remanded, viz:
Hence, the OSG interposes no objection if this Honorable Court remands this
case to the trial court and allows petitioner to present evidence to prove her
case bearing in mind that only this High Court can relax its own rules for
compassionate justice.
Finally. The present case stands on meritorious grounds, as petitioner had actually
presented certified documents establishing the fact of divorce and relaxation of the
rules will not prejudice the State.[33]
Verily, a relaxation of procedural rules is in order.
ACCORDINGLY, the petition is GRANTED. The Decision of the Court of Appeals dated
March 16, 2016 in CA-G.R. CV No. 103150 is REVERSED and SET ASIDE. The case is
REMANDED to the Regional Trial Court - Branch 4, Manila for presentation in evidence
of the pertinent Japanese law on divorce and the document proving Katsuhiro was
recapacitated to marry.
SO ORDERED.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66091
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