A DIVORCE DECREE OBTAINED ABROAD MAY BE RECOGNIZED IN THE PHILIPPINES IN ORDER FOR A FILIPINO SPOUSE TO REMARRY

October 22, 2024

A DIVORCE DECREE OBTAINED ABROAD MAY BE RECOGNIZED IN THE PHILIPPINES IN ORDER FOR A FILIPINO SPOUSE TO REMARRY

By: Vanessa G. Fermil-Cervantes

A Filipina who married a foreign spouse and later obtained a divorce decree abroad may have the foreign divorce decree recognized here in the Philippines in order to remarry.

In the latest case decided by the Supreme Court entitled, “Shela Bacaltos Asilo vs. Presiding Judge Maria Luisa Lesle G. Gonzales-Betic, Branch 225, RTC, Quezon City, G.R. No. 232269, July 10, 2024”, the High Court reiterated its previous ruling that even if it is the Filipino spouse who obtained the divorce decree abroad against its foreign spouse, the same may be recognized here in the Philippines. However, there are requirements that the petitioner has to allege in her initiatory pleading, and which has to be proven during trial.

In the said case, Shela Bacaltos Asilo (“Shela”) filed a petition for recognition of a Foreign Divorce obtained in Hong Kong before the RTC Quezon City (“RTC”) but the RTC denied the petition on the grounds that Shela failed to present the law on divorce of Hong Kong and that the divorce decree was obtained by Shela, a Filipino citizen. The CA also denied Shela’s petition for certiorari. Hence, Shela appealed her petition before the Supreme Court.

Although the Supreme Court denied Shela’s appeal by certiorari but it held that it is irrelevant who initiated the divorce proceedings abroad in determining whether the foreign divorce decree should be recognized in the Philippine jurisdiction. The Supreme Court thereafter clarified and enumerated the list of the ultimate facts that must be alleged in the petition and proven during trial in a petition for recognition of foreign divorce decree in addition to the jurisdictional facts, viz:

The celebration of a marriage between a Filipino and an alien;
The subsequent acquisition of an absolute divorce in a foreign jurisdiction;
The nationality of the alien spouse at the time the absolute divorce was obtained; and
The national law of the alien spouse, which recognizes the absolute divorce and capacitates said alien spouse to remarry.

Further, the High Court advised Shela to simply file anew her petition as she will benefit from a clean slate, rather than remanding the case to the RTC.

Full case here: https://sc.judiciary.gov.ph/232269-shela-bacaltos-asilo-vs-presiding-judge-maria-luisa-lesle-g-gonzales-betic-brnach-225-regional-trial-court-quezon-city/

Fermil-Cervantes, Fabian & Ong Abrantes Law Office

A DIVORCE DECREE OBTAINED ABROAD MAY BE RECOGNIZED IN THE PHILIPPINES IN ORDER FOR A FILIPINO SPOUSE TO REMARRY

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