The Supreme Court no longer requires foreign divorces to undergo judicial proceedings abroad to be recognized in the Philippines.
On Friday, September 20, the Supreme Court announced that the Philippine courts can now recognize divorces obtained abroad, whether through legal or administrative process or mutual agreement.
The decision was written by Associate Justice Japar Dimaampao. Its ruling was prompted by the case of a Filipino who married a Japanese citizen in 2004, who obtained a ‘divorce decree by mutual agreement’ after moving to Japan.
The Filipina eventually filed a petition before the Regional Trial Court (RTC) for the judicial recognition of the foreign divorce, and for the declaration of her capacity to remarry. The RTC granted the request, to which the Office of the Solicitor General (OSG) contested stating that the divorce was by mere agreement.
“The Court held that the type of divorce, whether administrative or judicial, did not matter. As long as the divorce is valid under the foreign spouse’s national law, it will be recognized in the Philippines for the Filipino spouse,” the Court said.
It added that the decision aims to prevent a situation where a foreign spouse can remarry while the Filipino spouse remains bound by the marriage.
Additionally, Rule 132, Sections 24 and 25 of the Revised Rules on Evidence states that foreign documents must first be validated by official publication or by copies attested by the legal custodian of the documents.
“The Court clarified that under Office of the Court Administrator (OCA) Circular No. 157-2022-A, the OCA’s compilation of foreign divorce laws serves only as a preliminary reference for courts but does not dispense with the requirements under the Revised Rules on Evidence,” the Court clarified.
