The Supreme Court of the Philippines ruled that a Filipino citizen who initiates and obtains a valid divorce decree abroad has the capacity to remarry under Philippine law. This decision broadens the application of Article 26 of the Family Code, ensuring equal treatment for Filipino citizens in mixed marriages. This ruling recognizes the right to remarry for Filipinos who have divorced foreign nationals, regardless of who initiated the divorce proceedings, providing them with the same opportunities as their foreign counterparts. The Court emphasized the need to eliminate discrimination and uphold the fundamental equality of men and women before the law.

Breaking Barriers: Can a Filipino Initiate Divorce and Remarry?

Marelyn Tanedo Manalo, a Filipino citizen, married a Japanese national. She later obtained a divorce decree in Japan and sought to have her marriage record in the Philippines canceled, aiming to remarry without legal impediments. The lower court denied her petition, citing that Philippine law does not grant Filipinos the right to divorce. The Court of Appeals reversed the decision, stating that the Family Code should apply even if Manalo initiated the divorce. The Supreme Court then took on the case to resolve whether a Filipino citizen has the capacity to remarry after initiating a divorce proceeding abroad and obtaining a favorable judgment against their alien spouse.

The Supreme Court considered several key provisions of Philippine law. Article 15 of the Civil Code embodies the **nationality principle**, which dictates that Philippine laws relating to family rights and duties, status, condition, and legal capacity are binding on Filipino citizens, even when residing abroad. Article 26 of the Family Code addresses marriages between a Filipino citizen and a foreigner where a divorce is validly obtained abroad by the alien spouse, capacitating them to remarry.

The central question before the Court was whether Article 26 applies only when the alien spouse initiates the divorce or if it also covers situations where the Filipino spouse initiates the proceedings. The Court examined the legislative intent behind Article 26, emphasizing that its purpose is to prevent the absurd situation where a Filipino spouse remains married while the alien spouse is free to remarry under their national laws. This provision serves as a corrective measure to address the anomaly where the Filipino spouse is tied to a marriage, while the foreign spouse is not.

The Court referenced previous cases, including **Van Dorn v. Romillo, Jr.**, where it was established that aliens may obtain divorces abroad that can be recognized in the Philippines, provided they are valid according to their national law. Similarly, in **Republic of the Phils. v. Orbecido III**, the Court ruled that Paragraph 2 of Article 26 should include cases where one party becomes naturalized as a foreign citizen and obtains a divorce decree. This interpretation prevents absurdity and injustice, allowing the Filipino spouse to remarry as if the other party were a foreigner at the time of the marriage celebration.

The Supreme Court emphasized that a literal interpretation of Article 26 would contradict the legislature’s intent. Laws should be construed to achieve their intended ends, and statutes should be interpreted to carry out their purposes. The Court cited **League of Cities of the Phils., et al. v. COMELEC, et al.**, stating that applying a strictly literal interpretation may render a statute meaningless and lead to inconvenience, absurdity, or injustice. To avoid such outcomes, the spirit of the law should control its letter.

The Court also addressed the argument that a liberal interpretation of Article 26 encourages Filipinos to marry foreigners indiscriminately. The Court deemed this supposition speculative and unfounded, asserting that it presumes good faith in interracial unions and recognizes that motives for entering into marriage are varied and complex. It clarified that the State does not dictate the kind of life a couple chooses to lead and that the right to marital privacy allows couples to structure their marriages as they see fit.

Moreover, the Court highlighted that marriage is an inviolable social institution protected by the State, but this protection does not constitute a general prohibition on divorce. The deliberations of the 1986 Constitutional Commission show that the intent was to encourage marriage but not necessarily discourage divorce, as clarified by Commissioner Jose Luis Martin C. Gascon.

Furthermore, the Court noted that Paragraph 2 of Article 26 violates the equal protection clause by limiting its application only to foreign divorce decrees initiated by the alien spouse. The Court found this limitation unreasonable because there is no real and substantial difference between a Filipino who initiates foreign divorce proceedings and a Filipino who obtains a divorce decree upon the instance of their alien spouse. Therefore, the Court held that this distinction is utterly unfair and gives undue favor to one while unjustly discriminating against the other.

To ensure the divorce decree is valid and can be recognized in the Philippines, certain guidelines must be followed. The divorce decree itself must be presented as evidence, and its conformity to the foreign law allowing it must be demonstrated. Under Sections 24 and 25 of Rule 132, a writing or document may be proven as a public or official record of a foreign country by either (1) an official publication or (2) a copy thereof attested by the officer having legal custody of the document. If the opposing party fails to object, the divorce decree is rendered admissible as a written act of the foreign court. However, the Japanese law on divorce must still be proved to validate the decree.

Ultimately, the Supreme Court denied the petition for review on certiorari and affirmed the Court of Appeals’ decision in part. The case was remanded to the court of origin for further proceedings and reception of evidence regarding the relevant Japanese law on divorce. This decision marks a significant step towards ensuring equality and fairness for Filipino citizens in mixed marriages, allowing them to move forward with their lives after a divorce obtained abroad.

FAQs

What was the key issue in this case?	The key issue was whether a Filipino citizen who initiates and obtains a divorce decree abroad can be recognized as having the capacity to remarry under Philippine law. This involved interpreting Article 26 of the Family Code.
What is the nationality principle in Philippine law?	The nationality principle, as embodied in Article 15 of the Civil Code, states that Philippine laws relating to family rights, duties, status, condition, and legal capacity are binding on Filipino citizens, even when residing abroad. This principle generally prohibits Filipinos from obtaining divorces.
What does Article 26 of the Family Code say about divorce?	Article 26 provides an exception to the nationality principle, stating that if a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is validly obtained abroad by the alien spouse, the Filipino spouse shall also have the capacity to remarry under Philippine law.
Did the Supreme Court allow the divorce in this case?	The Supreme Court did not directly grant the divorce but acknowledged the potential for a Filipino citizen to remarry if they initiated and obtained a valid divorce decree abroad, provided it complies with the foreign law. The case was remanded to the lower court to determine if the divorce complied with Japanese law.
What evidence is needed to prove a foreign divorce?	To recognize a foreign divorce decree, the party must prove the divorce as a fact and demonstrate its conformity to the foreign law allowing it. This typically involves presenting the divorce decree itself and evidence of the relevant foreign law on divorce.
Why was the case sent back to the lower court?	The case was remanded because the Japanese law on divorce had not been sufficiently proven. The lower court needed to receive evidence regarding the relevant Japanese law to determine if the divorce decree met the necessary legal requirements for recognition.
How does this ruling affect Filipinos married to foreigners?	This ruling provides a pathway for Filipinos in mixed marriages to remarry if they initiate and obtain a divorce decree abroad, ensuring they are not unfairly disadvantaged compared to their foreign spouses. This promotes equality and fairness under the law.
What is the effect of this ruling on the prohibition of divorce in the Philippines?	This ruling does not legalize divorce in the Philippines for marriages between two Filipinos but provides a remedy for Filipinos in mixed marriages where a divorce is obtained abroad. It acknowledges the residual effect of foreign divorce decrees on Filipinos whose marital ties to their alien spouses are severed by the latter’s national law.

In conclusion, the Supreme Court’s decision in *Republic v. Manalo* clarifies and expands the application of Article 26 of the Family Code, providing a more equitable framework for Filipinos in mixed marriages. This landmark ruling ensures that Filipino citizens are not unduly restricted in their personal lives due to the absence of divorce laws in the Philippines when their foreign spouses are able to obtain one. By recognizing the capacity of a Filipino to remarry after a foreign divorce, the Court has taken a significant step towards aligning Philippine law with principles of equality and justice in an increasingly globalized world.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Republic of the Philippines v. Marelyn Tanedo Manalo, G.R. No. 221029, April 24, 2018