The Supreme Court held that a divorce decree obtained abroad can be recognized in the Philippines even if the Filipino spouse initiated the divorce proceedings. This decision ensures that Filipinos are not unfairly bound to marriages when their foreign spouses are legally free. It clarifies the scope of Article 26 of the Family Code, promoting equality and preventing unjust situations for Filipinos in international marriages. This ruling provides a pathway for Filipinos to remarry after a foreign divorce, aligning Philippine law with the realities of modern transnational relationships.

Love Knows No Borders, But Divorce Should: Recognizing Foreign Divorces Obtained by Filipinos

Juliet Rendora Moraña, a Filipino citizen, married Minoru Takahashi in the Philippines before moving to Japan. After a decade, their relationship deteriorated, leading them to jointly apply for divorce in Fukuyama City, Japan. The divorce was granted, but when Juliet sought recognition of the divorce in the Philippines, her petition was denied by both the trial court and the Court of Appeals. These courts reasoned that Philippine law does not allow divorce and that Juliet, as a Filipino, could not obtain a divorce. Further, they argued that the divorce decree and Japanese law on divorce were not sufficiently proven. The Supreme Court, however, took a different view, emphasizing the need for equity and substantial justice.

While Philippine law adheres to the principle of indissolubility of marriage, Article 26 of the Family Code provides an exception. It states that 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 provision aims to address the unfair situation where a Filipino remains bound to a marriage while their foreign spouse is free to remarry under their national laws. The Supreme Court has interpreted this article to extend its benefits even to Filipinos who initiate divorce proceedings abroad.

In the landmark case of Republic v. Manalo, the Supreme Court clarified that the Filipino spouse can also benefit from a divorce decree even if they initiated the proceedings. The Court explained:

Paragraph 2 of Article 26 speaks of “a divorce x x x validly obtained abroad by the alien spouse capacitating him or her to remarry.” Based on a clear and plain reading of the provision, it only requires that there be a divorce validly obtained abroad. The letter of the law does not demand that the alien spouse should be the one who initiated the proceeding wherein the divorce decree was granted. It does not distinguish whether the Filipino spouse is the petitioner or the respondent in the foreign divorce proceeding. x x x

Building on this principle, the Court in Moraña’s case emphasized that prohibiting Filipinos from participating in divorce proceedings would not protect our own nationals. In this case, the Divorce Report issued by the Office of the Mayor of Fukuyama City was deemed sufficient evidence of the divorce. The Court noted that there was no “divorce judgment” because the process was administrative rather than judicial. The Divorce Report, therefore, served as the equivalent of a “Divorce Decree” in Japan.

Moreover, the Divorce Certificate issued by the Japanese government supported the fact of the divorce, even though it was submitted belatedly. As Republic v. Manalo pronounced, if the opposing party fails to properly object, the existence of the divorce report and divorce certificate decree is rendered admissible as a written act of the foreign official body. The Court also highlighted that procedural rules should not override substantial justice, especially when the case affects the lives of the petitioner and her children. The authentication of the Divorce Report, Certificate of All Matters, and Divorce Certificate by the Japanese Embassy further validated these documents as official records admissible under the Rules on Evidence.

However, the Supreme Court also addressed the need to properly prove the foreign law on divorce. While Juliet presented printouts of Japanese law, the Court emphasized that these were insufficient. In Republic v. Manalo, the Supreme Court mandated that Japanese laws on persons and family relations are not among those matters that Filipino judges are supposed to know by reason of their judicial function.

Therefore, the Court remanded the case to the trial court for the presentation of evidence pertaining to the Japanese law on divorce, following the procedure outlined in Racho v. Tanaka. Despite this requirement, the Court underscored the importance of upholding justice and preventing the absurdity of keeping a Filipino spouse bound to a marriage when the other party is legally free.

The Supreme Court balanced the need to protect the institution of marriage with the recognition that some marriages are no longer viable. By allowing Filipinos who have obtained foreign divorces to remarry, the Court acknowledged the realities of transnational relationships and the importance of ensuring fairness and equality under the law. This decision aligns with the spirit of Article 26, which seeks to prevent unjust discrimination and oppression.

FAQs

What was the key issue in this case?	The key issue was whether a divorce decree obtained abroad by a Filipino citizen can be recognized in the Philippines, allowing the Filipino spouse to remarry.
What did the Supreme Court rule?	The Supreme Court ruled that a divorce decree obtained abroad can be recognized in the Philippines even if the Filipino spouse initiated the divorce proceedings.
Why did the lower courts deny the petition?	The lower courts denied the petition because Philippine law generally does not allow divorce, and they believed the Filipino spouse could not obtain a divorce. They also questioned the validity of the divorce documents.
What is Article 26 of the Family Code?	Article 26 states that a Filipino can remarry if their alien spouse obtains a valid divorce abroad. The Supreme Court has expanded this to include divorces initiated by Filipinos.
What evidence is needed to prove a foreign divorce?	You need to present the divorce decree or its equivalent, properly authenticated, and evidence of the foreign law allowing the divorce.
What does ‘authentication’ mean in this context?	Authentication means that the documents must be certified by the relevant embassy or consular office to verify their validity.
Why is proving the foreign law important?	Proving the foreign law is crucial because Philippine courts cannot automatically take judicial notice of foreign laws. They must be proven as facts.
What happens if the foreign law is not properly proven?	The case may be remanded to the trial court to allow the petitioner to present sufficient evidence of the foreign law.
Does this ruling legalize divorce in the Philippines?	No, this ruling does not legalize divorce in the Philippines. It only recognizes the effects of a divorce validly obtained abroad.

In conclusion, the Supreme Court’s decision in Moraña v. Republic represents a significant step forward in protecting the rights of Filipino citizens in transnational marriages. It provides a clear path for Filipinos to seek recognition of foreign divorce decrees, ensuring they are not unfairly disadvantaged by outdated legal interpretations.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: IN RE: PETITION FOR JUDICIAL RECOGNITION OF DIVORCE BETWEEN MINURO TAKAHASHI AND JULIET RENDORA MORAÑA, G.R. No. 227605, December 05, 2019