Understanding Foreign Divorce Recognition in the Philippines: A Guide for Filipinos Married to Foreign Nationals

G.R. No. 254484, November 24, 2021

Imagine being legally divorced in another country, but still considered married in the Philippines. This confusing scenario affects many Filipinos who marry foreign nationals and later divorce abroad. The Supreme Court case of Janevic Orteza Ordaneza v. Republic of the Philippines sheds light on the process of recognizing foreign divorce decrees in the Philippines, particularly concerning the requirements for changing one’s civil status. This case clarifies the interplay between recognizing a foreign divorce and the specific procedures needed to update marital status in the Philippine civil registry.

Legal Context: Article 26 of the Family Code and Rule 108 of the Rules of Court

Philippine law does not allow absolute divorce. However, Article 26 of the Family Code provides an exception for Filipinos married to foreign nationals. It states:

Article 26. All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38.

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine law.

This means that if a Filipino is married to a foreigner, and the foreigner obtains a valid divorce abroad that allows them to remarry, the Filipino spouse also gains the capacity to remarry in the Philippines. This provision aims to prevent the unfair situation where the foreign spouse is free to remarry while the Filipino remains legally bound to a dissolved marriage.

However, simply having a foreign divorce decree recognized isn’t enough to change your civil status in the Philippines. This is where Rule 108 of the Rules of Court comes into play. Rule 108 governs the process for correcting or canceling entries in the civil registry. If a Filipino wants to change their civil status from “married” to “single” after a foreign divorce, they generally need to comply with the requirements of Rule 108, which includes specific venue requirements and the impleading of necessary parties.

For example, imagine a Filipina married to an American in Las Vegas. They get divorced in Nevada, and the American is free to remarry under US law. To be recognized as single in the Philippines, the Filipina needs to prove the validity of the marriage, the divorce decree, and the American’s capacity to remarry under Nevada law. She may then need to file a separate Rule 108 petition to update her civil status.

Case Breakdown: Janevic Orteza Ordaneza v. Republic of the Philippines

The case of Janevic Orteza Ordaneza illustrates the complexities of foreign divorce recognition and civil status changes. Here’s a breakdown:

• Janevic, a Filipina, married Masayoshi, a Japanese national, in the Philippines.
• They later obtained a divorce in Japan through an amicable agreement.
• Janevic filed a petition in the Philippines to recognize the divorce and change her civil status to “single.”
• The Regional Trial Court (RTC) granted her petition.
• The Court of Appeals (CA) reversed the RTC’s decision, stating that Janevic failed to comply with Rule 108 and did not sufficiently prove the Japanese husband’s capacity to remarry.

The Supreme Court (SC) partially granted Janevic’s petition, clarifying the following key points:

1. A petition for recognition of a foreign divorce decree is distinct from a petition for cancellation or correction of entries under Rule 108.
2. While the recognition of the foreign divorce decree may be made in a Rule 108 proceeding, compliance with the specific requirements of Rule 108 is necessary to effect the change in civil status.

The SC emphasized that to change her civil status, Janevic needed to file a petition in the proper venue (where the civil registry is located) and implead the necessary parties (the local civil registrar and her former husband). The Court quoted Corpuz v. Sta. Tomas, stating that “the recognition of the foreign divorce decree may be made in a Rule 108 proceeding itself, as the object of special proceedings (such as that in Rule 108 of the Rules of Court) is precisely to establish the status or right of a party or a particular fact.”

Regarding the proof of the foreign spouse’s capacity to remarry, the SC acknowledged that Janevic did not properly present the specific provisions of Japanese law during trial. However, relying on its previous ruling in Racho v. Tanaka, which involved the same Japanese law, the Court held that the divorce decree itself, absent any restrictions on remarriage, sufficiently established the foreign spouse’s capacity to remarry. The Court stated, “There can be no other interpretation than that the divorce procured by petitioner and respondent is absolute and completely terminates their marital tie.”

Practical Implications: What This Means for Filipinos Divorced Abroad

This case highlights the importance of understanding the procedural requirements for recognizing foreign divorce decrees and changing civil status in the Philippines. It clarifies that while a foreign divorce can be recognized, a separate process under Rule 108 is generally needed to update one’s marital status in the civil registry.

Key Lessons:

• Separate Processes: Recognition of a foreign divorce and change of civil status are distinct legal processes.
• Rule 108 Compliance: To change your civil status, you must comply with the venue and party requirements of Rule 108.
• Proof of Foreign Law: You must present evidence of the foreign law allowing the divorce and the foreign spouse’s capacity to remarry.
• Seek Legal Advice: Navigating these legal processes can be complex, so seeking legal advice is crucial.

Hypothetical Example: A Filipino woman divorces her Australian husband in Australia. The divorce is valid under Australian law, and he is free to remarry. To be recognized as single in the Philippines, she needs to:

1. Obtain a certified copy of the Australian divorce decree.
2. Secure an authentication of the divorce decree from the Philippine embassy or consulate in Australia.
3. Obtain a copy of the relevant Australian law regarding divorce and capacity to remarry, authenticated by the Philippine embassy or consulate.
4. File a petition for recognition of the foreign divorce in the Philippines.
5. File a separate petition under Rule 108 in the appropriate RTC to change her civil status, impleading the Local Civil Registrar.

Frequently Asked Questions (FAQs)

Q: Can I get a divorce in the Philippines if I am married to a foreigner?

A: No, the Philippines does not allow absolute divorce. However, if your foreign spouse obtains a valid divorce abroad that allows them to remarry, you may also be granted the capacity to remarry under Philippine law.

Q: What documents do I need to recognize a foreign divorce in the Philippines?

A: You will typically need a certified copy of the divorce decree, authentication from the Philippine embassy or consulate, and proof of the foreign law regarding divorce and capacity to remarry.

Q: Where should I file the petition to recognize a foreign divorce?

A: The petition for recognition can be filed in the Regional Trial Court. The related petition to change your civil status under Rule 108 must be filed where your marriage certificate is registered.

Q: Do I need to hire a lawyer to recognize a foreign divorce?

A: While not legally required, hiring a lawyer is highly recommended. The legal processes can be complex, and a lawyer can ensure that you comply with all the requirements.

Q: What is Rule 108, and why is it important?

A: Rule 108 of the Rules of Court governs the process for correcting or canceling entries in the civil registry. It is important because it outlines the specific procedures needed to change your civil status from “married” to “single” after a foreign divorce.

Q: What happens if I don’t comply with Rule 108?

A: If you don’t comply with Rule 108, the court may not grant your petition to change your civil status, even if the foreign divorce is recognized.

ASG Law specializes in Family Law, including recognition of foreign divorce and civil status changes. Contact us or email hello@asglawpartners.com to schedule a consultation.