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Divorce abroad now recognized by Philippine courts
By J.Lo
Supreme Court ruled divorce obtained abroad even through mutual agreement may be recognized in the Philippines.
Landmark decision penned by Associate Justice Japar Dimaampao expands scope of foreign divorce recognition in the country, had long been contentious.
In its ruling, SC clarified Philippine courts may recognize divorces obtained overseas, regardless of whether they were achieved through legal or administrative processes, or even mutual agreement.
SC decision cited case of Filipino citizen Ruby Cuevas Ng married Japanese national Akihiro Sono in Quezon City in 2004. After couple relocated to Japan, their relationship deteriorated, leading to “divorce decree by mutual agreement” in Japan. Japanese embassy issued divorce certificate attesting to arrangement.
Acting on Ng’s petition, regional trial court in the Philippines issued judicial recognition of her divorce, allowing her to remarry.
However, Office of the Solicitor General (OSG) challenged RTC ruling, arguing that only court-issued foreign divorce decrees should be recognized in the Philippines.
This was debunked by SC. “Filipinos previously married to foreigners can seek judicial recognition of their foreign divorce under Article 26, paragraph 2 of Family Code.”
High Tribunal emphasized whatever way divorce is settled is irrelevant as long as it is legally valid in the country of foreign spouse.
Decision aims to prevent situation where foreign spouse can remarry while Filipino spouse remains legally bound to marriage. In Ng’s case, she claimed Japanese law permits divorce by mutual agreement or judicial action.
However, SC had to remand Ng’s case to RTC to which she had to present first authenticated copy of relevant Japanese divorce law.
According to Rule 132, Sections 24 and 25 of Revised Rules on Evidence, foreign public documents must be validated either by official publication or by copies attested to by legal custodian.
SC noted that while Circular No. 157-2022-A of Office of the Court Administrator includes compilation of foreign divorce laws for reference, it does not exempt parties from complying with Revised Rules on Evidence.
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