5/28/2020
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passbook entrusted to the custody of the Clerk of Court a quo within the
same period, withdrawable only by the children or their attorney-in-fact.
A number 8 is hereby added, which shall read as follows:
8. Respondent David A. Noveras is hereby ordered to pay petitioner Leticia
Tacbiana (sic) the amount of P1,040,000.00 representing her share in the
proceeds from the sale of the Sampaloc property.
The last paragraph shall read as follows:
Send a copy of this Decision to the local civil registry of Baler, Aurora; the
local civil registry of Quezon City; the Civil Registrar-General, National
Statistics Office, Vibal Building, Times Street corner EDSA, Quezon City; the
Office of the Registry of Deeds for the Province of Aurora; and to the
children, Jerome Noveras and Jena Noveras.
The rest of the Decision is AFFIRMED.[12]
In the present petition, David insists that the Court of Appeals should have recognized
the California Judgment which awarded the Philippine properties to him because said
judgment was part of the pleading presented and offered in evidence before the trial
court. David argues that allowing Leticia to share in the Philippine properties is
tantamount to unjust enrichment in favor of Leticia considering that the latter was
already granted all US properties by the California court.
In summary and review, the basic facts are: David and Leticia are US citizens who own
properties in the USA and in the Philippines. Leticia obtained a decree of divorce from
the Superior Court of California in June 2005 wherein the court awarded all the
properties in the USA to Leticia. With respect to their properties in the Philippines,
Leticia filed a petition for judicial separation of conjugal properties.
At the outset, the trial court erred in recognizing the divorce decree which severed the
bond of marriage between the parties. In Corpuz v. Sto. Tomas,[13] we stated that:
The starting point in any recognition of a foreign divorce judgment is the
acknowledgment that our courts do not take judicial notice of foreign
judgments and laws. Justice Herrera explained that, as a rule, “no sovereign
is bound to give effect within its dominion to a judgment rendered by a
tribunal of another country.” This means that the foreign judgment and its
authenticity must be proven as facts under our rules on evidence, together
with the alien’s applicable national law to show the effect of the judgment on
the alien himself or herself. The recognition may be made in an action
instituted specifically for the purpose or in another action where a party
invokes the foreign decree as an integral aspect of his claim or defense.[14]
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57649
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