Key Takeaway: Jointly Obtained Foreign Divorces Recognized in the Philippines

Raemark S. Abel v. Mindy P. Rule, G.R. No. 234457, May 12, 2021

Imagine a Filipino living abroad, married to a foreign spouse. They decide to end their marriage and file for divorce together in a foreign court. Back home, they face uncertainty about whether this joint divorce will be recognized in the Philippines, a country that does not allow absolute divorce. This scenario reflects the real-life dilemma faced by Raemark S. Abel and Mindy P. Rule, whose case set a precedent in Philippine jurisprudence regarding the recognition of foreign divorce decrees.

The central legal question in Abel v. Rule was whether a divorce decree obtained jointly by a Filipino and their foreign spouse could be recognized in the Philippines. This case involved a couple who married in the United States and later filed for a summary dissolution of their marriage in California. The Philippine Supreme Court’s decision in this case has significant implications for Filipinos with foreign spouses who seek to dissolve their marriages abroad.

Legal Context: Understanding Divorce and Recognition in the Philippines

In the Philippines, the concept of divorce is governed by the Family Code, which does not allow absolute divorce for Filipino citizens. However, under Article 26(2) of the Family Code, a divorce obtained by a foreign spouse abroad can be recognized, enabling the Filipino spouse to remarry. This provision aims to address the anomaly where a Filipino remains legally married in the Philippines while their foreign spouse is free to remarry under their national laws.

Article 26(2) of the Family Code states: “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 legal principle was further clarified in the landmark case of Republic v. Manalo, where the Supreme Court ruled that it is immaterial which spouse initiated the foreign divorce proceedings. The focus is on whether the divorce was validly obtained abroad, aligning with the constitutional mandate for gender equality under Article II, Section 14 of the Philippine Constitution.

The Magna Carta of Women (Republic Act No. 9710) also plays a role, emphasizing the elimination of discrimination in marriage and family relations, ensuring that both men and women have equal rights to enter into and leave marriages.

Case Breakdown: The Journey of Raemark S. Abel and Mindy P. Rule

Raemark S. Abel, a dual citizen of the Philippines and the United States, and Mindy P. Rule, a Filipino citizen at the time of marriage, tied the knot in Los Angeles, California, in 2005. Three years later, they jointly filed for a summary dissolution of their marriage in the same state, citing irreconcilable differences. Their divorce was granted in 2009.

Upon returning to the Philippines, Abel sought judicial recognition of the foreign divorce decree. The Regional Trial Court (RTC) initially dismissed his petition, arguing that the joint filing contravened Article 26(2) of the Family Code, which they interpreted as requiring the divorce to be obtained solely by the foreign spouse.

Abel appealed to the Supreme Court, asserting that the legislative intent behind Article 26(2) was to eliminate the anomalous situation where the Filipino spouse remains married while the foreign spouse is free to remarry. He argued that the joint filing did not vitiate the divorce with collusion or any other vice.

The Supreme Court, in its decision, emphasized the importance of recognizing the divorce decree:

“A clear and plain reading of the provision shows that what is only required is that the divorce must have been validly obtained abroad by the alien spouse. It does not impose an additional requirement for the alien spouse to solely obtain the divorce.”

The Court further supported its ruling by referencing the case of Galapon v. Republic, which acknowledged the reality of joint petitions for divorce in some foreign jurisdictions and upheld the recognition of such decrees under Article 26(2).

The Supreme Court’s ruling reversed the RTC’s decision, granting Abel’s petition and remanding the case for further proceedings. This decision was significant because it clarified that a divorce decree obtained jointly by a Filipino and their foreign spouse could be recognized in the Philippines, aligning with the principles established in Republic v. Manalo.

Practical Implications: Navigating Foreign Divorce Recognition

The Abel v. Rule decision has broad implications for Filipinos married to foreigners who seek to dissolve their marriages abroad. It provides clarity that joint divorce decrees can be recognized in the Philippines, provided they are validly obtained under the foreign jurisdiction’s laws.

For individuals in similar situations, this ruling offers a pathway to legally end their marriages and remarry in the Philippines. It is crucial, however, to ensure that the foreign divorce decree is properly authenticated and recorded with the appropriate Philippine authorities.

Key Lessons:

• Filipinos married to foreigners can seek recognition of a jointly obtained divorce decree in the Philippines.
• The focus should be on the validity of the foreign divorce decree, not on which spouse initiated the proceedings.
• Proper documentation and legal advice are essential to navigate the recognition process successfully.

Frequently Asked Questions

Can a Filipino obtain a divorce abroad and have it recognized in the Philippines?

Yes, under Article 26(2) of the Family Code, a divorce obtained by a foreign spouse abroad can be recognized, enabling the Filipino spouse to remarry.

What if the divorce was obtained jointly by both spouses?

The Abel v. Rule case established that a jointly obtained divorce decree can be recognized in the Philippines, provided it is validly obtained under the foreign jurisdiction’s laws.

Do I need to go through a court process to have my foreign divorce recognized?

Yes, you must file a petition for the judicial recognition of the foreign divorce decree in a Philippine court.

What documents are required for recognition of a foreign divorce?

You will need an authenticated copy of the foreign divorce decree, proof of the foreign spouse’s nationality, and other relevant documents as required by the court.

Can I remarry in the Philippines after my foreign divorce is recognized?

Yes, once the foreign divorce is recognized by a Philippine court, you are free to remarry under Philippine law.

What if my foreign spouse and I reconciled after the divorce?

If you reconcile after the divorce, you may need to address this in your petition for recognition, as it could affect the court’s decision.

How long does the recognition process take?

The duration can vary, but it typically involves several months to a year, depending on the complexity of the case and court schedules.

ASG Law specializes in family law and international legal matters. Contact us or email hello@asglawpartners.com to schedule a consultation and navigate the complexities of foreign divorce recognition in the Philippines.