Foreign divorce now recognized by Philippine courts

September 22, 2024 | 12:00am

MANILA, Philippines — Divorce obtained abroad even through mutual agreement may be recognized in the Philippines, according to the Supreme Court.

The landmark decision penned by Associate Justice Japar Dimaampao expands the scope of foreign divorce recognition in the country, which had long been contentious.

In its ruling, the SC clarified that Philippine courts may recognize divorces obtained overseas, regardless of whether they were achieved through legal or administrative processes, or even mutual agreement.

The SC decision cited the case of Filipino citizen Ruby Cuevas Ng who married Japanese national Akihiro Sono in Quezon City in 2004. After the couple relocated to Japan, their relationship deteriorated, leading to a “divorce decree by mutual agreement” in Japan. The Japanese embassy issued a divorce certificate attesting to the arrangement.

Acting on Ng’s petition, a regional trial court in the Philippines issued a judicial recognition of her divorce, allowing her to remarry.

However, the Office of the Solicitor General (OSG) challenged the RTC ruling, arguing that only court-issued foreign divorce decrees should be recognized in the Philippines.

This was debunked by the SC. “Filipinos previously married to foreigners can seek judicial recognition of their foreign divorce under Article 26, paragraph 2 of the Family Code.”

The High Tribunal emphasized that whatever way a divorce is settled is irrelevant as long as it is legally valid in the country of the foreign spouse.

The decision aims to prevent a situation where a foreign spouse can remarry while the Filipino spouse remains legally bound to the marriage. In Ng’s case, she claimed that Japanese law permits divorce by mutual agreement or judicial action.

However, the SC had to remand Ng’s case to the RTC to which she had to present first an authenticated copy of the relevant Japanese divorce law.

According to Rule 132, Sections 24 and 25 of the Revised Rules on Evidence, foreign public documents must be validated either by official publication or by copies attested to by the legal custodian.

The SC noted that while Circular No. 157-2022-A of the Office of the Court Administrator includes a compilation of foreign divorce laws for reference, it does not exempt parties from complying with the Revised Rules on Evidence.