Eka, a Filipina, and Du-guil, a Korean, married in the Philippines. Thereafter, they moved to Seoul, South Korea. While there, Du-guil began to ignore Eka. He was always out with his friends and usually came home drunk. When Eka could not take their marital situation anymore, she asked for a divorce. Du-guil agreed on the condition that Eka would be the one to file for divorce, and that the ground should be “no fault”, meaning, neither of them is at fault or neither would be accused of any wrongdoing. After the divorce, Eka went back to the Philippines and filed a case to have the judgment of divorce recognized. The Regional Trial Court (RTC) denied Eka’s petition because she alone filed for divorce, in violation of the second paragraph of Article 26 of the Family Code. According to the RTC, Article 26 requires that either the foreign spouse alone initiates the filing of the divorce or, at the very least, Eka and Du-guil should have filed for divorce jointly. Is the RTC correct? Explain briefly. (5 points)
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No, the RTC is not correct. Under Article 26, paragraph 2 of the Family Code, as interpreted in Republic v. Manalo, a foreign divorce decree may be judicially recognized in the Philippines regardless of who initiated the divorce proceedings
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Quick check
Under Article 26, paragraph 2 of the Family Code, what is the effect of a valid foreign divorce obtained in a mixed marriage?
Article 26, paragraph 2 grants the Filipino spouse capacity to remarry once a valid foreign divorce frees the foreign spouse.
In Republic v. Manalo, how did the Supreme Court interpret the rule on who initiates the foreign divorce?
The Manalo doctrine established that Article 26 applies whether the foreign divorce was initiated by the foreign spouse or the Filipino spouse.
How must a foreign divorce decree and foreign law be established in Philippine courts for judicial recognition?
Foreign divorce decrees and foreign laws must be properly pleaded and proved as facts under the Rules of Court.
Why was the RTC's denial of Eka's petition for recognition of foreign divorce legally incorrect?
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What is the primary statutory purpose behind Article 26, paragraph 2 of the Family Code?
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Learn more about these topics
1. Foreign Divorce Recognition
Under Article 26, paragraph 2 of the Family Code, where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad capacitating the foreign spouse to remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine law. The purpose of the provision is to avoid the absurd situation where a Filipino spouse remains married to a foreign spouse who is no longer married to them under their national law.
2. The Manalo Doctrine
In the landmark case of Republic v. Manalo, the Supreme Court clarified that Article 26, paragraph 2 of the Family Code applies regardless of whether the foreign divorce decree was initiated by the foreign spouse or by the Filipino spouse. The crucial element under the law is not who filed for divorce, but whether a valid foreign divorce decree was obtained that frees the foreign spouse from the marital tie under their national law.
3. Foreign Law Proof
A foreign divorce decree cannot be automatically recognized by Philippine courts through judicial notice. The party petitioning for the judicial recognition of a foreign divorce decree must present in court the foreign divorce judgment as a public document and properly prove the governing foreign law permitting divorce as a fact under the Rules of Court. Once both the foreign divorce decree and foreign law are duly established, Philippine courts must recognize the dissolution of marriage.