New rules remove a major documentary requirement, but Filipino spouses must still obtain recognition from Philippine courts
MANILA — Filipinos who have divorced their foreign spouses abroad will soon find it easier to have those divorces recognized in the Philippines after the Supreme Court approved new rules removing a longstanding requirement to prove the divorce laws of another country.
The amendments, approved by the Supreme Court on October 7, simplify the legal process for Filipinos seeking recognition of a foreign divorce under Article 26(2) of the Family Code.
Previously, Filipino spouses generally had to prove two things in court: that the divorce actually took place abroad and that the applicable foreign law allowed the divorce. Obtaining official copies of foreign laws, having them certified and securing English translations could make the process difficult.
Under the new rules, petitioners will only need to prove that the foreign divorce took place, without separately establishing the applicable foreign law when filing their cases.
The changes do not mean that foreign divorces will automatically be recognized in the Philippines. Filipino spouses must still file a petition in a Philippine court and obtain a ruling recognizing the divorce before relying on it to remarry.
The amendments introduce Section 48-A of Rule 39 of the Rules of Court. This provision establishes a legal presumption that a divorce involving a Filipino and a foreign spouse allows the foreign spouse to remarry, unless the divorce document specifically states that the divorce is limited rather than absolute.
In practical terms, the court will presume that the foreign divorce ended the marriage in a way that permits the foreign spouse to remarry. If another party disputes that conclusion, that party must present evidence showing otherwise.
The new rules also simplify the treatment of documents written in foreign languages. An English translation will be presumed accurate if the translator certifies its accuracy under oath. That presumption, however, may still be challenged.
The Supreme Court emphasized that the changes do not alter the existing legal requirements for recognizing foreign divorces. Petitions may still be opposed on grounds including lack of jurisdiction, inadequate notice, fraud or a clear mistake of law or fact.
The distinction is important because the Philippines does not have a general divorce law for marriages between Filipino citizens. Article 26(2) of the Family Code provides a specific legal remedy for qualifying marriages involving a Filipino and a foreign spouse, allowing the Filipino to remarry when the requirements for recognition are met.
The Supreme Court said the amendments were intended to address difficulties experienced by Filipinos, particularly overseas Filipino workers, in obtaining foreign legal documents.
During consultations, the Department of Foreign Affairs reported that divorce laws can be difficult to obtain because legal systems vary among countries. Some governments have no designated officials to certify their laws, while official English translations are not always available.
The amendments were approved upon the recommendation of Associate Justice Alfredo Benjamin Caguioa, following consultations with Associate Justices Amy Lazaro-Javier and Jhosep Lopez and a judicial working group addressing concerns of overseas Filipinos.
To support the new procedure, the Supreme Court has also approved the establishment of a central repository of authenticated and updated foreign laws relating to divorce, annulment and nullity of marriage.
The repository, to be developed through cooperation involving the Office of the Court Administrator and the Department of Foreign Affairs, will help parties challenging a foreign divorce obtain the legal documents needed to support their objections.
The agreement establishing the repository was approved on July 1, with its formal signing scheduled for October 21.
