SC: Only the country's law granting foreign divorce must be proven for recognition in PH
The Supreme Court ruled that a Filipino seeking recognition of their divorce in the Philippines only needs to prove the divorce law of the country where it was granted—and not the nationality of their ex-spouse.
In a blog post, the SC said that in the decision of Associate Justice Henri Jean Paul Inting, the high court's third division sent a case back to the Court of Appeals to allow a Filipino to properly prove divorce laws in Kentucky, United States.
The Filipino, who married a Peruvian in New Jersey and later lived with him in Kentucky, had marital issues.
The husband secured a decree from a Kentucky court, and she filed a petition in the Philippines to recognize their divorce.
She submitted to the Regional Trial Court a copy of the divorce decree and printouts of Kentucky and Peruvian marriage laws.
The RTC granted her petition, but the CA reversed the ruling. The CA said she failed to prove that the divorce complied with Kentucky law, and that Peruvian law allowed her husband to divorce and remarry. The court also noted that the copies she submitted weren't properly authenticated.
The SC said that in recognizing foreign divorce, only the law of the country that granted the divorce needs to be proven. In this case, only Kentucky law needed to be proven.
Article 26(2) of the Family Code states that a Filipino can remarry under Philippine law if the foreign spouse validly obtains abroad a divorce allowing him to remarry.
The SC noted that Philippine courts must first determine whether the divorce was valid under the applicable foreign law, and the Filipino must prove this law.
The high court also cited the international law principle of comity of nations, which allows recognition of foreign court decisions based on mutual respect among states.
The principle also acknowledges a foreign state's authority not only over its citizens but also over other individuals under its jurisdiction, the SC said. In this case, the court noted that U.S. courts may grant divorces based on a person’s legal residence even if the person isn't a U.S. citizen.
But since the Filipino submitted only unofficial printouts of the Kentucky law, the SC remanded the case to the CA to give her a chance to submit proper documents.
According to Rule 132, sections 24 and 25 of the Rules of Court, foreign laws must be proven through official publications or certified copies.
