Consented foreign divorce

Can a foreign divorce by mutual consent between the Filipina spouse and her foreign spouse be recognized in this jurisdiction? This is the case of Dina, a Filipina, and Tanabe, a Japanese national, who have been married for 12 years. Eventually they parted ways and not long after, Tanabe even begot a child with another woman, prompting him to ask for divorce from Dina.

Initially, Dina was averse to Tanabe’s idea. But after his relentless prodding, she relented and agreed to sign the divorce papers. So, Dina and Tanabe were issued a divorce decree, which was duly recorded in the Family Register of the Japanese city where they reside, as well as a Receiving Certificate stating that their divorce decree was duly reported to said office.

Subsequently, Dina filed before the RTC in the Philippines a Petition for Recognition of Divorce in order to remarry. She presented as her evidence, the documents issued by the Japanese Office.

The Republic of the Philippines through the Office of the Solicitor General (OSG) sought the dismissal of the petition, mainly arguing that a consensual or mutual divorce such as the divorce obtained by Dina is not contemplated by Article 26 of the Family Code; hence it cannot be recognized by the Philippine courts.

But the RTC granted Dina’s petition. The RTC found that Dina was able to comply with all the requirements of Article 26 and rejected the argument of the OSG. It ruled that the divorce decree as stated in the Notification of Divorce and Certificate of Acceptance of Divorce issued between the petitioner and Tanabe are hereby recognized, given credence and ordered enforced. The RTC found that petitioner was able to comply with all the requirements of Article 26(2).

It gave credence and weight to the Notification of Divorce and Acceptance of Divorce as proof of the fact of divorce, the documents being certified as genuine and duly authenticated by the officials from the Philippine consulate in Japan.

Citing Articles 728 and 732 of the Civil Code of Japan, the RTC stated that the divorce between the couple dissolved their marriage and restored them to the state of unmarried persons, which thus capacitated the petitioner to remarry.

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