Nov 7 Persons Mel 32:58 It is in our law, SC said "pasensya ka nalang, we will apply this

law, and besides psychological incapacity is a universal sickness it does not choose
nationality" Kaya lang kawawa naman si Mrs. Samano na deny rin because hindi na
approve yung juridical antecedence. Ganun class ah purkit sinabi na ganon, logical na ang
sagot, you still have to prove juridical antecedence.

For processual presumption, if you do not prove foreign law, it will be the same a
Philippines law. A Dutch person married to a Filipina, in the Netherlands support must be
based on a court order. So the Filipina was able to get a court order, saying that he will be
supporting this much and that much. In the Philippines the amount of support can be
change anytime anywhere it is not fixed.

Question number 1 what law of support will apply to the Dutch?Dutch law, support will be
based on a judgement we follow, the problem is you did not prove Dutch law. So we follow
the rule, if you don't prove foreign law, foreign law will be considered as Philippines law, so
sa Philippines pwede baguhin yan. Kaya binago. In psychological incapacity no one can
claim damages.

Fujiki vs Marini, bigamy and petition of foreign judgement. SC said Japanese can file
recognition of foreign judgement, actually in an old case, in Sto. Thomas. Question: can a
foreign file a case for petition for recognition of foreign divorcee, which he procured abroad,
Brione said "no", kailangan certificate of legal capacity okay na yun eh. But the file niya na
do not dismiss, because it will benefit the Filipina. Again the general rule, is there such thing
as a judicial declaration of presumptive death. Answer: None, there is no such thing. Is
there an exemption to the rule? Answer: Yes, your marriage, Art 41. If you want to remarry
and your spouse is absent for 4 or 2 year as the case may be. You must get a judicial
declaration of presumptive death, but for any other purpose, you don't have to get it. As
long as it reaches 7 years it operates ipso jure and ipso facto, just prove again that you
have exhausted all means to find your missing spouse. But in marriage you still need to get
the judicial declaration of presumptive death. Sa art 41, 4 years and 2 years, if applicable
and 4 years you are presumed dead at the end of the 4 year period, if the 2 year is
applicable you are presumed dead beginning the 2 years. Remember the exceptions,
missing vessel, missing plane. Caltex vs Villanueva, yung sailor na sa barko siya
bumabagyo, mahilig siya manood ng baguio, bumagsak siya. Is it 7 or 4 years? SC said 7
years because the ship is not missing, siya yung nadulas.

Judicial Declaration of presumptive death, nawawala siya, biglang sumulpot siya! What is
his status? Is he considered alive or presumed absent? 44:00