An Explanation Behind The Philippines’ Recognizing Divorce Obtained Abroad From Foreign Spouse
In his decision, Associate Justice Japar B. Dimaampao explained why a case between a Filipina and her foreign husband, asking for divorce was recognized by the court
Discussion on divorce can be tricky in the Philippines because of the legal barriers surrounding it. But in a recent Supreme Court ruling, Filipinos who obtained divorce abroad can be recognized, providing that divorce is allowed in the country his or her spouse is from.
Associate Justice Japar B. Dimaampao, who penned the decision explained the reason why a case involving Filipino citizen Ruby Cuevas Ng and her Japanese husband was recognized by the PH courts.
Not Limited to Decrees by Foreign Court
In his decision, Dimaampao said that Philippine courts can recognize divorces obtained abroad as long as it was obtained “through legal or administrative process or by mutual agreement.”
In the case of Ruby Cuevas Ng and her Japanese husband, the two got married and later moved to Japan. The marriage eventually fell apart and Ng filed for divorce in Japan by securing a ” divorce decree by mutual agreement,” through a divorce certificate at the Embassy of Japan.
Ng filed her petition before the Regional Trial Court (RTC) for the judicial recognition of the foreign divorce and allow her to remarry. The RTC granted it, but the Office of the Solicitor General challenged this.
The Office of the Solicitor General challenged the decision “arguing that only foreign divorce decrees issued by a court can be recognized in the Philippines.”
The Supreme Court said otherwise, pointing out certain rules on the Family Code of the Philippines.
Article 26 of the Family Code
According to the Supreme Court, divorce obtained in other countries can be recognized in the Philippines as prescribed in Article 26 paragraph 2 of the Family Code.
“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.
Ng claims that the national law of Japan recognizes divorce “either by agreement or judicial action.” However, she failed to submit authentic certificates to the court of the relevant Japanese law on divorce. This case was sent back to the RTC, which allowed her to present evidence.
Why this case matters
In this case, Ng was able to obtain a divorce because it was recognized in his country, in this case in Japan. Under the amended Family Code of the Philippines, divorce can be recognized if obtained abroad. But it must be initiated by the foreign spouse and not the Filipino spouse because absolute divorce is not recognized in the Philippines.
Things changed when the High Court recognized in 2018 that divorces filed abroad by Filipinos.
Although it remains for divorce to be recognized in the Philippines, the divorce of couples abroad is a fresh start for separated couples. As complicated as the discussion of divorce and law may be in the country, these cases are an example that Filipinos can look into and decide for themselves on whether they want to be together or not.
More on the issue of marriage and divorce
What Thailand’s Passing Of Same-Sex Marriage Bill Means for The Philippines
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