Supreme Court affirms recognition of foreign divorces with landmark ruling
Markisha Xyza Mangalino
The Philippine Supreme Court on Sept. 22 ruled that divorces granted abroad will no longer require validation by foreign courts to be recognized in the Philippines.
This decree will permit divorces obtained through mutual agreements, legal actions, or administrative procedures to be recognized by local courts, provided that they abide by the laws of the foreign spouse's nation.
In a 19-page decision penned by Associate Justice Japar Dimaampao, the SC clarified that it will be recognized in the country as long as it is confirmative under the foreign spouse’s national law.
“The Court held that the type of divorce, whether administrative or judicial, did not matter. As long as the divorce is valid under the foreign spouse's national law, it will be recognized in the Philippines for the Filipino spouse,”.
The SC favored Filipina Ruby Cuevas Ng, who married a Japanese national in 2004 and filed for divorce in Japan on the grounds of mutual consent, received an official divorce paper from the Japanese embassy attesting to their agreement, which served as the basis for the decision.
The court said that acknowledging divorces from other countries keeps scenarios from arising in which the foreign spouse can be married again while the Filipino spouse cannot legally remarry.
For years, the Philippines has not recognized divorces, complicating legal issues for many Filipinos, but this new move aligns with Article 26 of the Family Code and clarifies the recognition procedure for individuals married to foreign citizens.
Filipinos who filed for divorces overseas are anticipated to gain from this ruling, since it will provide them with a more transparent legal avenue for remarriage and the resolution of their marital status.