4/6/2021 E-Library - Information At Your Fingertips: Printer Friendly Nonetheless, the CA held that the divorce decree in question cannot be recognized in this jurisdiction insofar as Cynthia is concerned since it was obtained by mutual agreement.[22] Said the CA: To be sure, it is crystal clear from pertinent law and jurisprudence that the foreign divorce contemplated under the second (2nd) paragraph of Article 26 of the Family Code must have been initiated and obtained by the foreigner spouse. Thus, the Supreme Court had made it also clear that in determining whether or not a divorce secured abroad would come within the pale of the country's policy against absolute divorce, the reckoning point is the citizenship of the parties at the time a valid divorce is obtained. There can be no dispute that [Cynthia] was a Filipino citizen when she obtained the divorce decree with her foreign spouse and, in fact, remains to be so up to the present. Clearly, since the divorce under consideration was jointly applied for and obtained by a Filipino and a foreigner spouse, it was incorrect for the [RTC] to apply the provision of the second (2nd) paragraph, Article 26 of the Family Code. Owing to the nationality principle embodied in Article 15 of the Civil Code, Philippine nationals, like [Cynthia], are covered by the policy against absolute divorces the same being considered contrary to our concept of public policy and morality. Notably, the [RTC] took as gospel truth the assertion of Abigail that [Cynthia] was merely acting under duress when she agreed to the demand of Park to sever their marriage, lest something bad would happen to her. Said allegation was used by the [RTC] as basis to conclude that the divorce was initiated by Park alone and that there was actually no divorce by mutual agreement that took place. This was obviously a serious error on the part of the [RTC]. For one, the very evidence relied upon by [Cynthia] clearly show that the divorce between [Cynthia] and Park was obtained by mutual agreement, in accordance with Section 5, Article 834 of the Korean Civil Code. If [the CA follows] the [RTC's] conclusion, then it is with more reason that the [Recognition] Petition should be denied since it becomes evident that the divorce obtained by Park is contrary to, nay in violation of, [the Korean Civil Code], which clearly requires a divorce by mutual agreement. It is not amiss to point out x x x that the divorce obtained by an alien abroad may be recognized in the Philippines only when the divorce is valid according to his or her national law. For another, [Cynthia] herself was not presented in court while her sister, Abigail, testified on matters not derived from her own perception but from what [Cynthia] allegedly told her. x x x Verily, the personal knowledge of a witness is a substantive prerequisite for accepting testimonial evidence that establishes the truth of a disputed fact. x x x[23] On September 29, 2017, the CA denied Cynthia's subsequent Motion for Reconsideration through the assailed Resolution.[24] https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65987 4/10