As a divorce attorney in Texas, I’ve worked with clients from various backgrounds and nationalities. Recently, I encountered a significant ruling by the Supreme Court of the Philippines regarding the recognition of divorce in the country. While this ruling is important, it may not be beneficial for my Texas divorce clients seeking recognition in the Philippines, as our state only allows divorce through a judicial process, not an administrative one. While spouses may enter into a settlement or agreement regarding the terms of their divorce here in our state, they still need to go through the judicial process to finalize the divorce.
The Case of Ruby Cuevas Ng
The Philippines is one of the few countries in the world where divorce is not allowed. However, with the increasing number of Filipinos working and living abroad, many have obtained divorces in foreign courts. The question has always been whether these foreign divorces are recognized in the Philippines.
The Landmark Ruling
In a recent decision (G.R. No. 249238), the Supreme Court of the Philippines held that the recognition of divorce in the Philippines is not limited to those decreed by foreign courts. The court ruled that a divorce obtained abroad can be recognized in the Philippines, even if it was not decreed by a foreign court, as long as it was obtained in accordance with the laws of the country where it was granted.
Summary of the Case
In this case, Ruby Cuevas Ng, a Filipino citizen, was married to Japanese national Akihiro Sono in 2004. After moving to Japan, their relationship deteriorated. Shortly after getting married, the couple relocated to Japan. Their relationship deteriorated, leading them to choose divorce. They obtained a divorce decree by mutual agreement in Japan on August 31, 2007, as shown in the Divorce Certificate issued by the Embassy of Japan in the Philippines. Ng sought judicial recognition of her foreign divorce in the Philippines, which the Regional Trial Court initially granted. However, the Office of the Solicitor General appealed, arguing that only divorces issued through judicial proceedings abroad should be recognized.
The Supreme Court ruled in favor of Ng, stating that Philippine courts would recognize divorces obtained abroad regardless of whether they followed a legal or administrative process. The Court emphasized that as long as the divorce is valid under the laws of the foreign spouse’s country, it should be acknowledged in the Philippines. This decision is grounded in Article 26, paragraph 2 of the Family Code, which aims to prevent situations where a foreign spouse can remarry while the Filipino spouse remains legally bound.
What’s the gist?
This ruling has significant implications for individuals who have obtained a divorce abroad. Here are some essential insights:
1. Expanded recognition: The ruling expands the recognition of divorce in the Philippines beyond those decreed by foreign courts. This means that a divorce obtained through other means, such as administrative proceedings or religious tribunals, may also be recognized.
2. Country of origin: The divorce must have been obtained in accordance with the laws of the country where it was granted. This ensures that the divorce is valid and recognized in the country of origin.
3. Rights and obligations: Once a foreign divorce is recognized in the Philippines, it has the same effects as a decree of annulment or declaration of nullity of marriage, which includes the dissolution of the marital bond and the extinguishment of all rights and obligations arising from the marriage.
What’s in it for us?
The Supreme Court’s ruling is a significant development in Philippine family law, providing clarity and relief to individuals who have obtained a divorce abroad. As a Texas divorce attorney, I understand the complexities of international family law and the importance of recognizing foreign divorces. This ruling highlights the need for cooperation and understanding between countries to ensure that individuals’ rights are respected and protected.
If you are an individual who has obtained a divorce abroad and are seeking recognition in the Philippines, I recommend consulting with a qualified attorney to discuss your options and navigate the process.
References: https://sc.judiciary.gov.ph/wp-content/uploads/2024/09/249238.pdf
