In the Philippines, divorce is generally not permitted under the Civil Code. However, the law provides a specific mechanism for Filipinos who were married to foreigners to regain their capacity to remarry if their alien spouse obtains a valid divorce abroad. This process is governed by Article 26, Paragraph 2 of the Family Code of the Philippines.
Contrary to popular belief, a foreign divorce decree does not automatically change a Filipino’s civil status from "married" to "single" in Philippine records. It must undergo a formal legal process.
1. The Legal Basis: Article 26 of the Family Code
The landmark provision 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 have capacity to remarry under Philippine law."
Key Developments:
- Originally: The divorce had to be initiated by the foreign spouse.
- Current Jurisprudence (Manalo Ruling): The Supreme Court ruled in Republic v. Manalo (2018) that it does not matter who initiated the divorce. Even if the Filipino spouse filed for the divorce abroad, it can still be recognized in the Philippines, provided it is a valid absolute divorce under the foreign law.
2. The Process: Judicial Recognition of Foreign Divorce
To have the divorce recognized, the Filipino spouse must file a Petition for Judicial Recognition of Foreign Divorce in a Regional Trial Court (RTC) in the Philippines. This is a special proceeding to prove that the foreign divorce is valid.
Required Documents
The court requires "clear and convincing evidence." Usually, this includes:
- The Foreign Divorce Decree: The actual judgment rendered by the foreign court.
- The Foreign Divorce Law: A copy of the specific statutes of the country where the divorce was granted, proving that the divorce allows the parties to remarry.
- Authentication/Apostille: All foreign documents must be authenticated or bear an Apostille certificate from the country of origin to be admissible in Philippine courts.
- Marriage Record: An official copy of the Marriage Certificate (from the Philippine Statistics Authority or the foreign registry).
- Proof of Citizenship: To establish the nationality of the parties at the time of the divorce.
3. Proving Foreign Law: The "Processual Presumption"
One of the most critical hurdles is proving the foreign law as a fact. Philippine courts do not take "judicial notice" of foreign laws. If the petitioner fails to present the specific foreign law (properly authenticated), the court may apply the doctrine of Processual Presumption, assuming the foreign law is the same as Philippine law (which does not allow divorce), leading to a denial of the petition.
4. Effects of Recognition
Once the Philippine court issues a Judgment of Recognition and it becomes final and executory:
- Status Update: The court decree is registered with the Local Civil Registrar (LCR) and the Philippine Statistics Authority (PSA).
- Capacity to Remarry: The Filipino spouse’s status is updated, allowing them to obtain a Certificate of No Marriage (CENOMAR) or a Marriage Advisory reflecting the recognition.
- Property & Custody: The court may also address the liquidation of assets located in the Philippines or custody issues, depending on the prayers in the petition.
5. Summary Table: Common Misconceptions
| Misconception | Legal Reality |
|---|---|
| It is automatic. | No. It requires a court petition (Judicial Recognition). |
| Registration at the Embassy is enough. | No. Consular reports are for record-keeping; they do not grant the capacity to remarry. |
| Only the foreigner can file. | No. Filipinos can now initiate the divorce abroad and have it recognized. |
| It applies to two Filipinos. | Generally, no. Article 26 applies to mixed-nationality marriages. Two Filipinos who divorce abroad (e.g., in Las Vegas) are still considered married under Philippine law unless they have changed their citizenship. |
6. Important Considerations
- Jurisdiction: The petition is generally filed in the RTC where the relevant Local Civil Registrar is located.
- Duration: The process can take anywhere from several months to a few years, depending on the court’s docket and the complexity of the evidence.
- Dual Citizens: If a Filipino was a dual citizen at the time of the divorce, specific legal nuances regarding their "effective" nationality may apply.