Enforcement of a divorce decree obtained abroad

Dear PAO,

I was previously married. Nonetheless, my spouse (a foreign national) and I were able to obtain a divorce decree abroad through our joint petition after failing to settle our irreconcilable issues. When I inquired about whether this divorce would be recognized here in the Philippines, I encountered a potential issue regarding its enforcement. I was told that I cannot have it enforced since I was a joint petitioner with my foreign spouse, and our laws in the Philippines allegedly prohibit recognition of a divorce obtained abroad upon the instance or concurrence of the Filipino spouse. Is this contention correct?

Wilbert

Dear Wilbert,

To answer your question, allow me to lead your attention to our pertinent laws and jurisprudence. In this regard, Article 26 paragraph 2 of Executive Order 209, otherwise known as the Family Code of the Philippines, finds application, viz.:

«Article. 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a)

»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. (As amended by Executive Order 227)." (Emphasis and Underscoring Supplied)

Explaining the aforementioned provision of law, the Supreme Court, in the landmark case of Republic vs. Manalo (GR 221029, 24 April 2018) penned by the Honorable Chief Justice Diosdado Peralta, says:

«Paragraph 2 of Article 26 speaks of 'a divorce x x x validly obtained abroad by the alien spouse capacitating him or her to remarry.' Based on a clear and plain reading of the provision, it only requires that there be a divorce validly obtained abroad. The letter of the law does not demand that the alien spouse should be the one who initiated the proceeding wherein the divorce decree was granted. It does not distinguish whether the Filipino spouse is the