The Supreme Court held that a divorce decree obtained abroad by a foreign spouse can be recognized in the Philippines, even if the Filipino spouse initiated or consented to the divorce. This ruling allows Filipino citizens to remarry once the foreign divorce is recognized by Philippine courts, aligning their marital status with that of their former foreign spouse. However, the Court reiterated the need to properly present evidence of both the divorce decree and the relevant foreign law to ensure recognition in the Philippines.

Can a Filipino Spouse Remarry After a Foreign Divorce? Examining the Basa-Egami Case

In Maria Teresa Dino Basa-Egami v. Dr. Lisa Grace Bersales, the Supreme Court grappled with the complexities of recognizing foreign divorce decrees in the Philippines, particularly when a Filipino spouse is involved. The case centered on Maria Teresa Dino Basa-Egami, a Filipina who divorced her Japanese husband, Hiroshi Egami, in Japan. After obtaining the divorce, Basa-Egami sought to have it recognized in the Philippines so she could remarry. The legal question was whether Philippine courts should recognize a divorce obtained abroad by mutual consent, and whether Basa-Egami had sufficiently proven the divorce and the relevant Japanese law.

The legal framework governing this issue is found in **Article 26(2) of the Family Code**, which 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, the Filipino spouse shall have capacity to remarry under Philippine law. However, Philippine courts do not automatically recognize foreign judgments or laws. The party seeking recognition must prove the fact of the divorce and demonstrate its conformity with the foreign law allowing it. This proof requires submitting a copy of the divorce decree and the relevant foreign law, properly authenticated.

The Office of the Solicitor General (OSG) argued that Article 26(2) should only apply to divorces initiated by the alien spouse, not those obtained by mutual agreement. The OSG also contended that Basa-Egami had not adequately proven the Japanese law on divorce. The Supreme Court, however, rejected the OSG’s narrow interpretation, citing the landmark case of Republic v. Manalo. In Manalo, the Court clarified that Article 26(2) applies regardless of who initiated the divorce proceedings, as long as the divorce was validly obtained abroad. The Court emphasized the need to avoid the absurd situation where a Filipino remains married under Philippine law while their alien spouse is no longer married under their national law.

Assuming, for the sake of argument, that the word “obtained” should be interpreted to mean that the divorce proceeding must be actually initiated by the alien spouse, still, the Court will not follow the letter of the statute when to do so would depart from the true intent of the legislature or would otherwise yield conclusions inconsistent with the general purpose of the act. Laws have ends to achieve, and statutes should be so construed as not to defeat but to carry out such ends and purposes.

Despite this favorable interpretation of Article 26(2), the Court found that Basa-Egami had failed to properly prove the Japanese law on divorce. While she submitted a Notification of Divorce, a Certificate of Acceptance of Divorce, and the Family Register of her former husband, she did not provide sufficient evidence of the relevant Japanese legal provisions. The Court emphasized that mere presentation of a divorce decree is insufficient; the divorce must be valid according to the national law of the foreigner. This requirement stems from the principle that Philippine courts do not take judicial notice of foreign laws, and they must be proven as facts.

The Court acknowledged that in Racho v. Tanaka, a similar case involving a Filipina and a Japanese national, a Certificate of Acceptance of the Report of Divorce was considered admissible evidence of the fact of divorce. However, the Court distinguished the Basa-Egami case, noting that the OSG in Racho had conceded that Japanese law allows absolute divorce. In Basa-Egami’s case, the OSG explicitly challenged the sufficiency of her evidence regarding Japanese law.

Ultimately, the Supreme Court reversed the Court of Appeals’ decision and remanded the case to the Regional Trial Court (RTC) for further proceedings. The RTC was instructed to receive evidence on the pertinent Japanese law on divorce. The Court recognized that while Basa-Egami had proven the fact of divorce, she needed to provide adequate proof of Japanese law to ensure the divorce’s recognition in the Philippines. This remand reflects the Court’s commitment to both upholding the spirit of Article 26(2) and adhering to the rules of evidence.

The Basa-Egami case underscores the importance of meticulously gathering and presenting evidence when seeking to recognize a foreign divorce decree in the Philippines. While the Manalo ruling clarified that a Filipino spouse can benefit from a foreign divorce regardless of who initiated it, the burden of proving both the divorce and the relevant foreign law remains. This burden requires careful attention to detail and compliance with the Rules of Court.

The implication of this case is that Filipinos who have divorced foreign spouses abroad must still navigate the complexities of proving foreign law in Philippine courts. They cannot simply rely on the divorce decree itself; they must also provide credible evidence that the divorce is valid under the laws of their former spouse’s country. This evidence may include official publications of the foreign law, or expert testimony on the matter.

What was the key issue in this case?	The key issue was whether a divorce obtained abroad by mutual consent between a Filipina and her Japanese husband should be recognized in the Philippines, and whether the Filipina had sufficiently proven both the divorce and the applicable Japanese law.
What is Article 26(2) of the Family Code?	Article 26(2) 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, the Filipino spouse shall have capacity to remarry under Philippine law.
Does it matter who initiated the divorce under Article 26(2)?	No, according to the Supreme Court’s ruling in Republic v. Manalo, Article 26(2) applies regardless of whether the Filipino or the alien spouse initiated the divorce proceedings.
What evidence is required to prove a foreign divorce in the Philippines?	To prove a foreign divorce, the party seeking recognition must submit a copy of the divorce decree and evidence of the relevant foreign law, properly authenticated according to the Rules of Court.
What was the outcome of the Basa-Egami case?	The Supreme Court reversed the Court of Appeals’ decision and remanded the case to the Regional Trial Court for further proceedings, specifically for the reception of evidence on the pertinent Japanese law on divorce.
Why was the case remanded to the RTC?	The case was remanded because, while the Filipina spouse had proven the fact of divorce, she had not sufficiently proven the Japanese law on divorce, which is a necessary requirement for recognition in the Philippines.
What is the significance of the Manalo ruling?	The Manalo ruling clarified that Article 26(2) applies to all validly obtained foreign divorces, regardless of who initiated the proceedings, thus protecting Filipino spouses from being perpetually bound to marriages that have been dissolved abroad.
Can Philippine courts take judicial notice of foreign laws?	No, Philippine courts do not take judicial notice of foreign laws. Foreign laws must be proven as facts, typically through official publications or expert testimony.
What is the effect of a recognized foreign divorce on a Filipino spouse?	If a foreign divorce is recognized in the Philippines, the Filipino spouse gains the capacity to remarry under Philippine law.

The Basa-Egami case serves as a reminder of the evolving landscape of family law in the Philippines, particularly in the context of transnational marriages. While the Supreme Court has adopted a more liberal approach to recognizing foreign divorces, it remains crucial for Filipino spouses to diligently comply with the evidentiary requirements to ensure their rights are protected.

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: MARIA TERESA DINO BASA-EGAMI, VS. DR. LISA GRACE BERSALES, G.R. No. 249410, July 06, 2022