REGIE DAVID TSUTSUMI v.
COURT RULING:
REPUBLIC OF THE PHILIPPINES COURT REVERSE THE
RULING OF CA
FACTS:
Regie David Tsustsumi(Husband) (1) Procedural rules are designed to
and Ayahiro Tsutsumi got married secure and not to override
in Tarlac City substantial justice.
After 21 years of marriage a We have already ruled that
Divorce certificate by the Embassy Japanese laws allow divorce by
of Japan were issued and mutual agreement. By whatever
authenticated by the Philippine name it may be called, the
Department of Foreign and Affairs. Divorce Certificate supported by
Certificate of Acceptance of
Petitioner Regie (Husband), filed for Notice of Divorce, as
petition for Recognition of foreign authenticated by the Japanese
divorce before the RTC of Tarlac Embassy in Manila is the best
City. evidence of the fact of divorce
obtained by petitioner from her
RTC granted the petition husband.
Republic of the Philippines filed for (2) Upon careful consideration, the
motion for reconsideration nature and effect of the divorce
agreement is deemed sufficient.
CA reversed the decision of the
RTC 3-4Procedural rules are not designed
(1) the notice of divorce was to secure and not override
authenticated by the DFA is not substantial justice, especially here
a proper authenticating officer. where is involved is matter
affecting the lives of families.
(2) Petitioner only obtained a
mutual agreement not a
Japanese Court-issued divorce
decree.
(3) Registrar of Manila is not the
real custodian or issuer of the
official record.
(4) Petitioner must plead and prove
the relevant Japanese laws on
the kind of divorce sought to be
recognized as a fact in this
jurisdiction to pave the way.
ISSUE:
WON THE DIVORCE IS VALID UNDER
THE PH LAWS.
