5/28/2020
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case has the burden of proving the foreign law.[40] In the present case, respondent
hastily concludes that being a national of the Netherlands, he is governed by such laws
on the matter of provision of and capacity to support.[41] While respondent pleaded the
laws of the Netherlands in advancing his position that he is not obliged to support his
son, he never proved the same.
It is incumbent upon respondent to plead and prove that the national law of the
Netherlands does not impose upon the parents the obligation to support their child
(either before, during or after the issuance of a divorce decree), because Llorente v.
Court of Appeals,[42] has already enunciated that:
True, foreign laws do not prove themselves in our jurisdiction and our courts
are not authorized to take judicial notice of them. Like any other fact, they
must be alleged and proved.[43]
In view of respondent’s failure to prove the national law of the Netherlands in his favor,
the doctrine of processual presumption shall govern. Under this doctrine, if the foreign
law involved is not properly pleaded and proved, our courts will presume that the
foreign law is the same as our local or domestic or internal law.[44] Thus, since the law
of the Netherlands as regards the obligation to support has not been properly pleaded
and proved in the instant case, it is presumed to be the same with Philippine law, which
enforces the obligation of parents to support their children and penalizing the noncompliance therewith.
Moreover, while in Pilapil v. Ibay-Somera',[45] the Court held that a divorce obtained in
a foreign land as well as its legal effects may be recognized in the Philippines in view of
the nationality principle on the matter of status of persons, the Divorce Covenant
presented by respondent does not completely show that he is not liable to give support
to his son after the divorce decree was issued. Emphasis is placed on petitioner’s
allegation that under the second page of the aforesaid covenant, respondent’s
obligation to support his child is specifically stated,[46] which was not disputed by
respondent.
We likewise agree with petitioner that notwithstanding that the national law of
respondent states that parents have no obligation to support their children or that such
obligation is not punishable by law, said law would still not find applicability, in light of
the ruling in Bank of America, NT and SA v. American Realty Corporation,[47] to wit:
In the instant case, assuming arguendo that the English Law on the matter
were properly pleaded and proved in accordance with Section 24, Rule 132
of the Rules of Court and the jurisprudence laid down in Yao Kee, et al. vs.
Sy-Gonzales, said foreign law would still not find applicability.
Thus, when the foreign law, judgment or contract is contrary to a
sound and established public policy of the forum, the said foreign
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