Supreme Court Clarifies Philippine Courts Recognize Foreign Divorce
The Philippine courts recognize foreign divorce if the Filipino spouse proves the divorce is valid under the law where it was granted. The Supreme Court (SC) emphasized this in a recent ruling, highlighting the need to focus on the law of the country issuing the divorce decree, not the foreign spouse’s home country.
This means that when a Filipino spouse seeks recognition of a foreign divorce, they must only show that the divorce complied with the applicable foreign law. The SC’s decision, penned by Associate Justice Henri Jean Paul B. Inting, partly granted a Filipino wife’s petition involving her Peruvian husband. The case was then sent back to the Court of Appeals (CA) for further proceedings.
Case Background and Court Proceedings
The couple married in New Jersey, USA, and later lived in Kentucky. Due to marital problems, the husband obtained a divorce decree from a Kentucky court. The Filipina wife filed a petition in the Philippines’ Regional Trial Court (RTC) to recognize the divorce. She submitted the divorce decree along with printouts of Kentucky and Peruvian marriage laws.
The RTC granted her petition, but the CA reversed this decision. The CA ruled that she failed to prove the divorce complied with Kentucky law and that Peruvian law allowed her husband to remarry. The court also noted the documents were not properly authenticated.
Legal Principles on Foreign Divorce Recognition
The SC clarified that Philippine courts must determine if a foreign divorce is valid by looking at the law of the country where the divorce was issued. Since the divorce came from Kentucky, only Kentucky law needed to be proven. This aligns with Article 26 (2) of the Family Code, which permits a Filipino to remarry if the foreign spouse legally divorces abroad.
The principle of comity among nations plays a key role here. It allows courts to respect and recognize judicial decisions from other countries, based on mutual respect and acknowledgment of jurisdiction. For example, US courts can grant divorces based on legal residence, even if the person is not a US citizen.
What the Filipino Spouse Must Prove
The Filipino spouse must prove the foreign divorce decree is valid and that the foreign spouse is allowed to remarry. This can be shown by the divorce decree itself or by official foreign laws.
Previously, Filipino spouses had to prove the foreign spouse’s national law because divorces were issued in the spouse’s home country. But in this case, since the divorce was granted in Kentucky, only Kentucky law is relevant.
Unfortunately, the wife submitted only a printout of Kentucky law, which violated the Rules of Court requiring official publications or certified copies to prove foreign laws. Because of this, the SC sent the case back to the CA to allow the wife to submit proper documents.
Supreme Court’s Final Ruling and Impact
The SC’s decision partly granted the petition and reinstated the petition for enforcement of the foreign divorce decree at the RTC. The case now returns to the CA for further action, including accepting evidence to resolve the facts accordingly.
This ruling provides clearer guidelines for Filipino spouses seeking foreign divorce recognition. It affirms the importance of presenting valid proof of the divorce under the foreign country’s law where it was granted, simplifying the process and respecting international legal principles.
For more news and updates on Philippine Courts Recognize Foreign Divorce, visit Filipinokami.com.