Pinoy who obtained divorce abroad may have it recognized in PH courts

DearPAO, Mydaughterwasmarriedtoa Japaneseforfiveyears.Because theyhadsomanydifferencesand therewereabusesdonetoher, shedecidedtosecureadivorce inJapanwhichwasgranted.She continuedworkinginJapan.She iscontemplatingonhavingalong vacationhereinthePhilippines sothatshecanhavetheirdivorce recognized,butshewasadvisedby herfriend,whoisalsoaFilipino, thattheirdivorcecannotberecognized whoobtainedthedivorceandshe isaFilipinowhichissupposedly prohibited.Isherfriendcorrect? Pleaseadvisemeonthismatter.

Vic Dear Vic,

Under Article 26 (2) of the Family Code of the Philippines it is

“X x x 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 have capacity to remarry under Philippine law.”

Perhaps at first glance, one would be under the impression that the law only entitles the alien spouse to secure the divorce decree abroad, though the capacity to remarry is granted to both the alien spouse and the Filipino spouse. However, the Supreme Court has made it clear that our laws do not in any way restrict as to entitle only the alien spouse the opportunity to secure the divorce decree abroad. Even the Filipino spouse may secure the divorce decree provided it is in consonance with the law of the foreign country where such divorce is being sought. As explained by the Supreme Court in the case of Republic vs. Marelyn Tanedo Manalo ( G. R. No. 221029, April 24, 2018), through Honorable Associate

“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 the 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.

The Court is bound by the words of the statute; neither can We put words in the mouths of the lawmakers. “The legislature is presumed to know the meaning of the words, to have used words advisedly, and to have expressed its intent by the use of such words as are found in the statute. Verba legis non est recedendum, or from the words of a statute there should be no departure.” (Emphasis supplied)

Applying the foregoing in the situation which you have presented, we submit that it is incorrect for your daughter’s friend to conclude that she cannot have her divorce decree recognized here in the Philippines simply because she was the one who secured it. Taking into account the aforementioned Supreme Court ruling, it can be said that

a petition for recognition of the foreign divorce decree, only it is necessary for her to comply with our pertinent remedial laws in establishing not only that a divorce decree was obtained but, among others, such decree is in conformity with pertinent foreign laws. As ruled in the same case, the

“Jurisprudence has set guidelines before Philippine courts recognize a foreign judgment relating to the status of a marriage where one of the parties is s citizen of a foreign country. Presentation solely of the divorce decree will not

still be proven. Before a foreign divorce decree can be recognized by our courts, the party pleading it must prove the divorce as a fact and demonstrate its conformity to the foreign law allowing it.”

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

dailycolumnofthePublicAttorney’s ChiefAcostamaybesentto dearpao@manilatimes.net.