Hades, an American citizen, through a dating website, got acquainted with Persephone, a Filipina. Hades came to the Philippines and proceeded to Baguio City where Persephone resides. Hades and Persephone contracted marriage, solemnized by the Metropolitan Trial Court judge of Makati City. After the wedding, Hades flew back to California, United States of America, to wind up his business affairs. On his return to the Philippines, Hades discovered that Persephone had an illicit affair with Phanes. Immediately, Hades returned to the United States and was able to obtain a valid divorce decree from the Superior Court of the County of San Mateo, California, a court of competent jurisdiction against Persephone. Hades desires to marry Hestia, also a Filipina, whom he met at Baccus Grill in Pasay City.
a.) As Hades’ lawyer, what petition should you file in order that your client can avoid prosecution for bigamy ifhe desires to marry Hestia? (2%)
b.) In what court should you file the petition? (1%)
c.) What is the essential requisite that you must comply with for the purpose of establishing jurisdictional facts before the court can hear the petition? (3%)
Suggested answer only. Not an official answer and not legal advice.
[a] File a petition for judicial recognition of foreign divorce under Rule 108; [b] file with the Regional Trial Court of Makati City; and [c] comply with the publication requirement. Under Rule 108 of the Rules of Court and Article 26(2) of the
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Quick check
What legal remedy must an alien spouse pursue in the Philippines to establish capacity to remarry after obtaining a foreign divorce decree?
A foreign divorce decree must be judicially recognized under Rule 108 to produce legal effects in the Philippines.
In which court should a petition for judicial recognition of foreign divorce be filed under Rule 108?
Rule 108 mandates filing the petition in the Regional Trial Court of the place where the civil registry is located.
What is the indispensable jurisdictional requirement before a trial court can hear a petition for recognition of foreign divorce under Rule 108?
Publication of the order setting the petition for hearing is an indispensable jurisdictional requirement under Rule 108.
Why is judicial recognition of a foreign divorce required before an alien spouse can validly remarry a Filipina in the Philippines?
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What is the nature of a Rule 108 proceeding for the recognition of a foreign divorce decree?
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Learn more about these topics
1. Foreign Divorce Recognition
Under Article 26(2) of the Family Code and Rule 108 of the Rules of Court, a divorce validly obtained abroad by an alien spouse must be judicially recognized in the Philippines before it can produce legal effects. The foreign divorce decree does not automatically operate to terminate the marriage under Philippine law. Judicial recognition is necessary to establish the alien spouse's capacity to remarry and to update the civil registry, thereby protecting the party from bigamy prosecution upon contracting a subsequent marriage.
2. Rule 108 Venue
Under Rule 108, Section 1 of the Rules of Court, a petition for the cancellation or correction of entries in the civil registry, including the judicial recognition of a foreign divorce decree, must be filed in the Regional Trial Court of the province or city where the civil registry located is situated. Where the marriage between the parties was solemnized and registered in Makati City, the petition must be brought before the Regional Trial Court of Makati City to properly acquire venue and subject matter authority.
3. Mandatory Publication Requirement
Under Rule 108, Section 4 of the Rules of Court, publication of the court order setting the petition for hearing in a newspaper of general circulation once a week for three consecutive weeks is an indispensable jurisdictional requirement. Because Rule 108 proceedings are in rem and affect civil status, strict compliance with publication binds the whole world. Failure to comply with this publication requirement deprives the trial court of jurisdiction to hear and decide the petition for judicial recognition.