The Supreme Court has expanded the rights of Filipino citizens who divorce their foreign spouses abroad. Previously, only Filipinos divorced by their foreign spouses could remarry under Philippine law. Now, Filipinos who initiate and obtain a divorce abroad can also have that divorce recognized in the Philippines. This landmark ruling ensures equal treatment for Filipinos in mixed marriages, regardless of who initiates the divorce proceedings, allowing them to move forward with their lives.

Beyond Borders: Can a Filipino Initiate Divorce Against a Foreign Spouse?

Marelyn Tanedo Manalo, a Filipino citizen, married a Japanese national. She later obtained a divorce decree in Japan and sought to have her marriage annulled in the Philippines. The Regional Trial Court (RTC) denied her petition, citing Article 15 of the New Civil Code, which generally binds Filipinos to Philippine law, which does not allow divorce. However, the Court of Appeals (CA) reversed the RTC decision, arguing that Article 26 of the Family Code should apply, as the Japanese husband was now free to remarry. The Supreme Court affirmed the CA’s decision, but required proof of Japanese law on divorce, marking a significant step in recognizing the rights of Filipinos in mixed marriages.

The core of the controversy revolved around the interpretation of Article 26 of the Family Code. This article addresses marriages between a Filipino citizen and a foreigner, stating that if the alien spouse obtains a valid divorce abroad, the Filipino spouse can also remarry under Philippine law. The debate centered on whether this provision applied only when the alien spouse initiated the divorce or if it also covered situations where the Filipino spouse took the initiative.

The Supreme Court emphasized that the purpose of Article 26 is to prevent the absurd situation where the Filipino spouse remains married while the alien spouse is free to remarry. Laws should be interpreted to achieve their intended purpose, and statutes should be construed to carry out, not defeat, their ends. The Court stated,

“Whether the Filipino spouse initiated the foreign divorce proceeding or not, a favorable decree dissolving the marriage bond and capacitating his or her alien spouse to remarry will have the same result: the Filipino spouse will effectively be without a husband or wife.”

The Court also addressed concerns about the **nationality principle**, which generally subjects Filipinos to Philippine law even when abroad. The Court clarified that this principle is not absolute and that the existence of Paragraph 2 of Article 26 is a testament that the State may provide for an exception thereto. Blind adherence to the nationality principle must be disallowed if it would cause unjust discrimination and oppression to certain classes of individuals whose rights are equally protected by law. Furthermore, the Court noted that the limitation of the provision only to a foreign divorce decree initiated by the alien spouse is unreasonable as it is based on superficial, arbitrary, and whimsical classification.

The Supreme Court underscored the importance of equal protection under the law. It held that limiting the application of Article 26(2) only to foreign divorces initiated by the alien spouse would violate the equal protection clause. There is no real and substantial difference between a Filipino who initiated a foreign divorce proceeding and a Filipino who obtained a divorce decree upon the instance of his or her alien spouse. In the eyes of the Philippine and foreign laws, both are considered as Filipinos who have the same rights and obligations in a alien land.

The Court acknowledged arguments against absolute divorce in the Philippines, particularly from the Roman Catholic Church. However, it emphasized that none of our laws should be based on any religious law, doctrine, or teaching; otherwise, the separation of Church and State will be violated. While marriage is considered a sacrament, it has civil and legal consequences which are governed by the Family Code, and it is in this aspect, bereft of any ecclesiastical overtone, that the State has a legitimate right and interest to regulate. The ruling ultimately sought to balance the preservation of marriage as a social institution with the need to address the practical realities faced by Filipinos in mixed marriages, especially considering advancements in communication and transportation that have made such unions more common.

Building on this principle, the Court reiterated that the Filipino spouse should not be discriminated against in his or her own country if the ends of justice are to be served. The Court cited a previous case, stating,

“As judges, we are not automatons. We do not and must not unfeelingly apply the law as it is worded, yielding like robots to the literal command without regard to its cause and consequence. ‘Courts are apt to err by sticking too closely to the words of a law,’ so we are warned, by Justice Holmes again, ‘where these words import a policy that goes beyond them.’”

The Supreme Court did, however, clarify that the divorce decree and the foreign law under which it was obtained must still be proven in Philippine courts. The party pleading the foreign divorce must prove the divorce as a fact and demonstrate its conformity to the foreign law allowing it. The Court ruled that presentation solely of the divorce decree will not suffice, and the relevant Japanese law on divorce must still be proven, emphasizing that Japanese laws on persons and family relations are not among those matters that Filipino judges are supposed to know by reason of their judicial function.

Finally, the Supreme Court emphasized that to be valid, the classification must conform to the following requirements: 1.) It must rest on substantial distinctions. 2.) It must be germane to the purpose of the law. 3) It must not be limited to existing conditions only. 4) It must apply equally to all members of the same class.

FAQs

What was the key issue in this case?	The key issue was whether a divorce decree obtained abroad by a Filipino citizen against a foreign spouse should be recognized in the Philippines.
What did the Supreme Court rule?	The Supreme Court ruled that a divorce decree obtained abroad by a Filipino citizen is recognizable in the Philippines, expanding the scope of Article 26 of the Family Code.
What is Article 26 of the Family Code?	Article 26 states that if a marriage between a Filipino citizen and a foreigner is validly celebrated and the alien spouse obtains a divorce abroad, the Filipino spouse can also remarry.
Does this mean divorce is now legal in the Philippines?	No, this ruling does not legalize divorce in the Philippines. It only recognizes the effects of a foreign divorce decree obtained in accordance with the laws of another country.
What must be proven to recognize a foreign divorce?	To recognize a foreign divorce, the party must prove the existence of the divorce decree and the relevant foreign law allowing the divorce.
Does this ruling apply to Filipinos married to other Filipinos?	No, this ruling only applies to Filipinos who are married to foreign nationals. Divorce between two Filipinos is still not recognized under Philippine law.
Why did the Court make this decision?	The Court made this decision to avoid a situation where a Filipino remains married while their foreign spouse is free to remarry, ensuring equal treatment and preventing absurdity.
What is the nationality principle?	The nationality principle states that Philippine laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.
How does this ruling affect Filipino women in mixed marriages?	This ruling empowers Filipino women (and men) in mixed marriages by granting them the same rights as their foreign spouses to end a marriage legally and remarry if they choose.

This Supreme Court decision marks a significant advancement in recognizing the rights and realities of Filipinos in mixed marriages. It reflects a more nuanced understanding of family law in a globalized world. The Court has balanced the constitutional protection of marriage with the need for fairness and equality. However, it is crucial to remember that this ruling does not institute divorce in the Philippines but rather acknowledges the effects of foreign divorces on Filipinos.

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