decision. Justice is always an essential ingredient of its decisions. Thus when the facts warrant, we interpret the law
in a way that will render justice, presuming that it was the intention of the lawmaker, to begin with, that the law be
dispensed with justice.[86]
Indeed, where the interpretation of a statute according to its exact and literal import would lead to mischievous results
or contravene the clear purpose of the legislature, it should be construed according to its spirit and reason,
disregarding as far as necessary the letter of the law.[87] A statute may, therefore, be extended to cases not within the
literal meaning of its terms, so long as they come within its spirit or intent. [88]
The foregoing notwithstanding, We cannot yet write finis to this controversy by granting Manalo's petition to recognize
and enforce the divorce decree rendered by the Japanese court and to cancel the entry of marriage in the Civil
Registry of San Juan, Metro Manila.
Jurisprudence has set guidelines before Philippine courts recognize a foreign judgment relating to the status of a
marriage where one of the parties is a citizen of a foreign country. Presentation solely of the divorce decree will not
suffice.[89] The fact of divorce must still first be proven.[90] Before a foreign divorce decree can be recognized by our
courts, the party pleading it must prove the divorce as a fact and demonstrate its conformity to the foreign law
allowing it.[91]
x x x Before a foreign judgment is given presumptive evidentiary value, the document must first be presented and
admitted in evidence. A divorce obtained abroad is proven by the divorce decree itself. Indeed the best evidence of a
judgment is the judgment itself. The decree purports to be a written act or record of an act of an official body or
tribunal of a foreign country.
Under Sections 24 and 25 of Rule 132, on the other hand, a writing or document may be proven as a public or official
record of a foreign country by either (1) an official publication or (2) a copy thereof attested by the officer having legal
custody of the document. If the record is not kept in the Philippines, such copy must be (a) accompanied by a
certificate issued by the proper diplomatic or consular officer in the Philippine foreign service stationed in the foreign
country in which the record is kept and (b) authenticated by the seal of his office. [92]
In granting Manalo's petition, the CA noted:
In this case, Petitioner was able to submit before the court a quo the 1) Decision of the Japanese Court allowing the
divorce; 2) the Authentication/Certificate issued by the Philippine Consulate General in Osaka, Japan of the Decree
of Divorce; and 3) Acceptance of Certificate of Divorce by Petitioner and the Japanese national. Under Rule 132,
Sections 24 and 25, in relation to Rule 39, Section 48 (b) of the Rules of Court, these documents sufficiently prove
the subject Divorce Decree as a fact. Thus, We are constrained to recognize the Japanese Court's judgment
decreeing the divorce.[93]
If the opposing party fails to properly object, as in this case, the divorce decree is rendered admissible as a written
act of the foreign court.[94] As it appears, the existence of the divorce decree was not denied by the OSG; neither was
the jurisdiction of the divorce court impeached nor the validity of its proceedings challenged on the ground of
collusion, fraud, or clear mistake of fact or law, albeit an opportunity to do so.[95]
Nonetheless, the Japanese law on divorce must still be proved.
x x x The burden of proof lies with the "party who alleges the existence of a fact or thing necessary in the prosecution
or defense of an action." In civil cases, plaintiffs have the burden of proving the material allegations of the complaint
when those are denied by the answer; and defendants have the burden of proving the material allegations in their
answer when they introduce new matters. x x x
It is well-settled in our jurisdiction that our courts cannot take judicial notice of foreign laws. Like any other facts, they
must be alleged and proved. x x x The power of judicial notice must be exercised with caution, and every reasonable
doubt upon the subject should be resolved in the negative. [96]
Since the divorce was raised by Manalo, the burden of proving the pertinent Japanese law validating it, as well as her
former husband's capacity to remarry, fall squarely upon her. Japanese laws on persons and family relations are not
among those matters that Filipino judges are supposed to know by reason of their judicial function.
WHEREFORE, the petition for review on certiorari is DENIED. The September 18, 2014 Decision and October 12,
2015 Resolution of the Court of Appeals in CA-G.R. CV No. 100076, are AFFIRMED IN PART. The case
is REMANDED to the court of origin for further proceedings and reception of evidence as to the relevant Japanese
law on divorce.
SO ORDERED.
Carpio,[*] Velasco, Jr., Leonardo-De Castro, Bersamin, Martires, Tijam, Reyes, Jr., and Gesmundo, JJ., concur.
Leonen, J., concur. See separate opinion.
Del Castillo and Perlas-Bernabe, JJ., join the dissent of J. Caguioa.
Caguioa, J., see dissenting opinion.