The nationality and national law of the alien spouse must be proven in Philippine courts to recognize a foreign divorce decree.

G.R. No. 232269, July 10, 2024

Imagine being legally divorced in one country, but still considered married in the Philippines. This perplexing situation can arise when Filipinos marry foreign nationals and obtain divorces abroad. The Philippine Family Code does not recognize absolute divorce, but Article 26(2) provides an exception when a foreign spouse obtains a divorce. However, obtaining recognition of that divorce in the Philippines requires specific legal steps, as highlighted in the case of Asilo v. Gonzales-Betic. This case underscores the critical importance of properly pleading and proving the alien spouse’s nationality and the relevant foreign law in Philippine courts.

Legal Context: Article 26(2) of the Family Code

Philippine law generally does not allow absolute divorce, safeguarding the sanctity of marriage. However, Article 26(2) of the Family Code provides a crucial exception for mixed marriages where one spouse is a Filipino citizen and the other is a foreign national. This provision states:

“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.”

This means that if a foreign spouse obtains a divorce that is valid under their national law, the Filipino spouse is also granted the capacity to remarry in the Philippines. The key here is that the divorce must be validly obtained abroad and recognized by the alien spouse’s national law. This recognition is not automatic; it requires a legal process in the Philippines.

For instance, suppose a Filipina marries a French national. If the French national later obtains a divorce in France, and French law recognizes this divorce, the Filipina can then seek recognition of the divorce in the Philippines to regain her capacity to remarry.

Case Breakdown: Asilo v. Gonzales-Betic

Shela Bacaltos Asilo, a Filipina, married Tommy Wayne Appling in Hong Kong in 2002. After separating in 2011, they obtained a divorce in Hong Kong. Shela then filed a Petition for Recognition of the Foreign Divorce in the Regional Trial Court (RTC) of Quezon City. She presented the divorce decree and evidence that Tommy had remarried.

The RTC denied her petition, citing two reasons: (1) Shela, a Filipino citizen, obtained the divorce, and (2) she failed to present the law on divorce of Hong Kong. The Court of Appeals (CA) dismissed Shela’s subsequent petition for certiorari, citing procedural errors.

The Supreme Court (SC) ultimately denied Shela’s appeal, emphasizing a critical procedural flaw. The Court stated:

“In a petition for recognition of a foreign divorce decree, the nationality of the alien spouse, and the national law of the alien spouse, which recognizes the foreign divorce decree and thereby capacitates said alien spouse to remarry, must be specifically alleged in the initiatory pleading and duly proven in the course of trial.”

The SC noted that Shela failed to allege Tommy’s nationality in her petition. Consequently, she also failed to aver his national law and the fact that it recognized the effects of the divorce decree, enabling him to remarry. These averments, the Court held, are “ultimate facts” constitutive of Shela’s cause of action. Their absence was fatal to her petition.

The Supreme Court also emphasized that the fact that Tommy remarried in the Philippines did not constitute proof that the foreign judgment has already been recognized and proven in Philippine jurisdiction. The foreign judgment and the applicable national law must be admitted in evidence and proven as a fact pursuant to the Rules of Court.

Practical Implications: Key Lessons

This case provides clear guidance for Filipinos seeking recognition of foreign divorce decrees:

• Allege Nationality: Explicitly state the alien spouse’s nationality at the time the divorce was obtained in your petition.
• Prove Foreign Law: Present evidence of the alien spouse’s national law that recognizes the divorce and their capacity to remarry. This typically involves presenting authenticated copies of the foreign law.
• Initiatory Pleading: Ensure that the initiatory pleading contains all the ultimate facts that must be alleged as follows:
  1. The celebration of a marriage between a Filipino and an alien;
  2. The subsequent acquisition of an absolute divorce in a foreign jurisdiction;
  3. The nationality of the alien spouse at the time the absolute divorce was obtained; and
  4. The national law of the alien spouse, which recognizes the absolute divorce and capacitates said alien spouse to remarry.

Hypothetical Example: Maria, a Filipina, marries John, a U.S. citizen. They divorce in California. To have the divorce recognized in the Philippines, Maria must prove that John was a U.S. citizen at the time of the divorce and present evidence of California law recognizing the divorce and allowing him to remarry. This evidence can include authenticated copies of the California Family Code and the divorce decree.

Frequently Asked Questions (FAQs)

Q: What is Article 26(2) of the Family Code?

A: It’s a provision that allows a Filipino spouse to remarry if their alien spouse obtains a valid divorce abroad, provided the alien spouse’s national law recognizes the divorce.

Q: Why is it important to prove the alien spouse’s national law?

A: Philippine courts need to verify that the divorce is valid and recognized under the alien spouse’s legal system. This ensures that the Filipino spouse can legally remarry.

Q: What documents are needed to prove the foreign law?

A: Typically, an authenticated copy of the foreign law, certified by the relevant embassy or consulate, is required.

Q: Can I remarry in the Philippines immediately after the foreign divorce is granted?

A: No, you must first obtain recognition of the foreign divorce decree in a Philippine court.

Q: What happens if I don’t properly prove the alien spouse’s national law?

A: Your petition for recognition of the foreign divorce may be denied, leaving you still legally married in the Philippines.

ASG Law specializes in Family Law, Recognition of Foreign Judgments, and related legal matters. Contact us or email hello@asglawpartners.com to schedule a consultation.