5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly 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. In this case, petitioner was allegedly told that she would not be issued a Philippine passport under her second husband’s name. Should her application for a passport be denied, the remedies available to her are provided in Section 9 of R.A. 8239, which reads thus: Sec. 9. Appeal. — Any person who feels aggrieved as a result of the application of this Act of the implementing rules and regulations issued by the Secretary 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. The IRR further provides in detail: ARTICLE 10 Appeal In the event that an application for a passport is denied, or an existing one cancelled or restricted, the applicant or holder thereof shall have the right to appeal in writing to the Secretary within fifteen (15) days from notice of denial, cancellation or restriction. 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. Petitioner’s argument that her application “cannot be said to have been either denied, cancelled or restricted by [the DFA], so as to make her an aggrieved party entitled to appeal”,[7] as instead she “was merely told”[8] that her passport cannot be issued, does not persuade. The law provides a direct recourse for petitioner in the event of the denial of her application. Second, 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. In Garcia v. Recio,[9] we ruled that 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. The presentation solely of the divorce decree is insufficient; both the divorce decree and the governing personal law of the alien spouse who obtained the divorce must be proven. Because our courts do not take judicial notice of foreign laws and judgment, our law on evidence requires that both the divorce decree and the national law of the alien must be alleged and proven and like any other fact. [10] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57529 6/8