In a landmark decision, the Supreme Court has ruled that divorces obtained abroad, even through mutual agreement, may be recognized in the Philippines, a move aimed at preventing Filipino spouses from being legally bound to marriages after their foreign partners remarry.
The ruling, penned by Associate Justice Japar Dimaampao, clarifies that Philippine courts can recognize divorces granted overseas, regardless of whether the process was legal, administrative, or mutual, provided that the divorce is valid in the foreign spouse’s country.
The decision stems from the case of Filipino citizen Ruby Cuevas Ng, who married Japanese national Akihiro Sono in Quezon City in 2004. After relocating to Japan, the couple’s marriage deteriorated, leading to a mutual agreement divorce in Japan. A divorce certificate was issued by the Japanese embassy confirming the dissolution.
Ng petitioned a regional trial court in the Philippines for judicial recognition of her divorce, which was granted, allowing her to remarry. However, the Office of the Solicitor General challenged the ruling, arguing that only court-issued foreign divorce decrees should be recognized under Philippine law.
The Supreme Court debunked this argument, citing Article 26, paragraph 2 of the Family Code, which allows Filipinos married to foreigners to seek judicial recognition of foreign divorces. The court emphasized that the method by which the divorce was granted is irrelevant, as long as it is legally valid in the foreign spouse’s country.
However, in Ng’s case, the High Tribunal remanded her case to the regional trial court to ensure compliance with Rule 132, Sections 24 and 25 of the Revised Rules on Evidence. Ng must present an authenticated copy of the relevant Japanese divorce law to support her claim.
The ruling underscores the importance of validating foreign public documents in accordance with Philippine law, ensuring the proper recognition of divorces obtained abroad while safeguarding the rights of Filipino spouses.
