Under Philippine law, divorce is generally not permitted for its citizens. However, Article 26, Paragraph 2 of the Family Code provides a vital exception: when a Filipino is married to a foreigner and a valid divorce is subsequently obtained abroad by the alien spouse, the Filipino spouse shall have the capacity to remarry under Philippine law.
Despite this provision, a foreign divorce decree does not automatically change a Filipino’s civil status in the Philippine Civil Registry. It must go through a formal legal process known as Judicial Recognition of Foreign Divorce (JRFD).
1. The Legal Basis: Article 26 of the Family Code
Originally, this rule applied only if the foreigner initiated the divorce. However, landmark Supreme Court rulings (notably Republic v. Manalo, 2018) have expanded this. Today, the recognition applies regardless of who initiated the divorce—the Filipino spouse or the foreign spouse—provided that the divorce is valid under the national law of the foreigner.
2. The Necessity of Judicial Recognition
In the Philippines, a foreign judgment is merely "presumptive evidence of a right." To be enforceable and to update the Civil Registry, a Philippine court must:
- Verify that the divorce was validly obtained abroad.
- Ensure the foreign law allowing the divorce is proven as a fact.
- Check that the decree does not violate Philippine public policy.
3. Key Requirements for the Petition
The petitioner (the Filipino spouse) must file a Petition for Judicial Recognition of Foreign Judgment in the Regional Trial Court (RTC). The following documents are mandatory:
- The Foreign Divorce Decree: The actual judgment or order granting the divorce.
- The Foreign Divorce Law: An official copy of the specific statutes of the country where the divorce was obtained, proving that the divorce is valid and allows remarriage.
- Authentication/Apostille: These documents must be authenticated or "Apostilled" by the Philippine Consulate or the competent authority in the country where the documents originated.
- Marriage Record: An official copy of the Marriage Contract issued by the Philippine Statistics Authority (PSA).
- Birth Certificates: Of the petitioner and any children involved.
4. The Step-by-Step Process
| Phase | Action |
|---|---|
| Filing | Petition is filed in the RTC of the province/city where the petitioner resides or where the marriage was recorded. |
| Jurisdictional Requirements | The court orders the publication of the petition in a newspaper of general circulation for three consecutive weeks. |
| Trial | The petitioner testifies and presents the foreign decree and the foreign law (usually through an expert witness or authenticated documents). The Office of the Solicitor General (OSG) represents the State. |
| Judgment | The court issues a Decision granting recognition. |
| Finality & Registration | Once the decision is final, it is registered with the Local Civil Registrar (LCR) and the PSA to annotate the Marriage Contract. |
5. Recognition of Property Settlements
Often, a foreign divorce decree includes provisions for the dissolution of the property regime, alimony, and child support.
- Enforceability: Just like the divorce itself, the property settlement must be specifically recognized by the Philippine court to affect assets located within the Philippines.
- Real Estate Restrictions: While the court may recognize a foreign division of property, it cannot bypass the Philippine Constitution, which prohibits foreigners from owning land in the Philippines (except through hereditary succession).
- Liquidation of the Absolute Community: Once the divorce is recognized, the property regime (usually Absolute Community or Conjugal Partnership of Gains) is deemed terminated. The parties must proceed with the liquidation of assets located in the Philippines.
6. Critical Observations
- Proof of Foreign Law: Philippine courts do not take judicial notice of foreign laws. The law must be alleged and proven like any other fact. Failure to prove the foreign law is the most common reason for the dismissal of these petitions.
- The "Alien" Status: The spouse must be a foreigner at the time the divorce is obtained. If both were Filipino citizens at the time of the divorce, the decree is generally not recognized in the Philippines (unless they have since naturalized and obtained a new divorce).
- Effect on Children: Recognition usually extends to custody and support arrangements, provided they serve the "best interests of the child," which remains the paramount consideration under Philippine law.