A Japanese national was able to obtain a divorce decree concerning his marriage with his Filipino wife. The decree capacitated the Japanese national to remarry. Can the Filipino wife now avail of Article 26 of the Family Code and then remarry? Explain briefly.
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Yes, the Filipino wife can avail of Article 26 of the Family Code and remarry, provided the foreign divorce decree is first judicially recognized by a Philippine court. Under Article 26(2) of the Family Code, when a valid foreign divorce
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Quick check
Under Article 26(2) of the Family Code, when does a Filipino spouse acquire capacity to remarry following a foreign divorce?
Article 26(2) requires judicial recognition by a Philippine court before the Filipino spouse can legally remarry.
Why must a foreign divorce decree be proven in a Philippine court before it produces legal effects for the Filipino spouse?
Philippine courts do not take judicial notice of foreign judgments and laws, requiring them to be proved in court.
What is the governing legal remedy for a Filipino spouse seeking judicial recognition of a foreign divorce decree?
A petition for judicial recognition of foreign judgment is filed in court to recognize the foreign divorce decree.
What must be established as facts in court for a Filipino spouse to avail of Article 26(2) of the Family Code?
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In Manalo v. Republic, how did the Supreme Court interpret Article 26(2) regarding foreign divorce decrees?
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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 by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine law. The primary purpose of this provision is to avoid the absurd situation where the Filipino spouse remains married to the alien spouse who is already legally freed from the marital bond and capable of remarrying under his or her national law.
2. Judicial Recognition Requirement
Philippine courts do not take judicial notice of foreign laws and judgments. Consequently, a foreign divorce decree obtained by an alien spouse does not automatically operate to change the civil status of the Filipino spouse in Philippine records. To avail of Article 26, paragraph 2, the Filipino spouse must file a petition for judicial recognition of the foreign divorce decree under Rule 108 of the Rules of Court and present competent evidence proving both the foreign divorce decree and the foreign law capacitating the alien spouse to remarry.
3. Evidentiary Proof Standard
In proving a foreign divorce decree and foreign law before Philippine courts, compliance with Rules 132 and 133 of the Rules of Court is mandatory. The foreign divorce decree must be proved as a public record by an official publication or an authenticated copy certified by the proper diplomatic officer. Furthermore, the alien spouse's national law authorizing divorce and capacitating him to remarry must be established as a fact by expert testimony or authenticated official publications. Failure to prove foreign law results in the application of the doctrine of processual presumption.