Is a Foreign Divorce Valid in the Philippines?

The second paragraph of Article 26 was added by Executive Order No. 227 in 1987:

So the rule has three parts: a valid marriage between a Filipino and a foreigner, a valid divorce obtained abroad, and a divorce that lets the foreign spouse remarry. When all three are proved, the Filipino spouse also gains the capacity to remarry.

No. In Republic v. Manalo (2018), Marelyn Manalo, a Filipina, had filed for divorce against her Japanese husband in Japan. The trial court refused to recognize the divorce, reasoning that Philippine law does not let Filipinos file for divorce. The Court of Appeals reversed, and the full Supreme Court agreed that Article 26 can apply. It said the law "does not distinguish whether the Filipino spouse is the petitioner or the respondent in the foreign divorce proceeding."

Article 26 can still apply. In Republic v. Orbecido III (2005), both spouses were Filipinos at the wedding. The wife later became an American citizen, obtained a divorce and remarried. The Supreme Court said what counts is the spouses' citizenship "at the time a valid divorce is obtained abroad", not at the time of the wedding.

No. If both spouses are still Filipino citizens when the divorce is granted, Article 26 does not apply. Philippine law on family status follows Filipinos wherever they live:

For a marriage between two Filipinos, the remedies are those of the Family Code, such as a declaration of nullity or an annulment. See Can I remarry after an annulment?

Yes. A foreign divorce has no effect on your civil status here until a Philippine court recognizes it. In Corpuz v. Sto. Tomas (2010), a city civil registry annotated a Canadian divorce on a marriage certificate based only on the decree. The Supreme Court said that registering a foreign divorce decree without the required judicial recognition "is patently void and cannot produce any legal effect."

If you remarry in the Philippines before the divorce is recognized, the civil registry still shows you as married, and a new marriage may be void and expose you to a bigamy case (Article 35(4); see Bigamy in the Philippines).

The person asking for recognition must prove two things:

• The divorce itself. The divorce decree has to be presented as evidence. In Orbecido the trial court's ruling was set aside because no competent evidence of the wife's naturalization and of the divorce was on record.
• The foreign law that allows it. Philippine courts do not assume what foreign law says. In Manalo, the Court said "our courts cannot take judicial notice of foreign laws" and sent the case back to the trial court to receive evidence of the Japanese law on divorce.

The foreign law must also show that the divorce lets the foreign spouse remarry, since Article 26 speaks of a divorce "capacitating him or her to remarry".

This page does not describe how foreign documents are authenticated today, because the current rules on that point were not checked for it. Ask a lawyer.

Either former spouse can ask for recognition. In Corpuz, a Canadian husband wanted to remarry and asked a Philippine court to recognize his Canadian divorce. The Court said only the Filipino spouse can invoke Article 26, but the foreign decree is presumptive evidence of a right, which gives the foreign spouse a legal interest to petition for its recognition.

In Fujiki v. Marinay (2013), the Court said that because recognition of a foreign judgment only requires proof of the fact of the judgment, it may be made in a special proceeding for cancellation or correction of entries in the civil registry under Rule 108 of the Rules of Court. Corpuz adds that such a petition is filed with the Regional Trial Court of the province where the civil registry is located, and that the civil registrar and everyone with an interest must be made parties.

The Civil Code says that no entry in a civil register can be changed or corrected without a court order (Article 412). Corpuz points out that a court's recognition of the divorce does not by itself authorize cancelling the entry in the civil registry: that is done in a Rule 108 proceeding. Corpuz also said this does not require two separate cases, because recognition may be made in the Rule 108 proceeding itself, and Fujiki said the same. The steps and fees at the civil registry and the PSA were not checked for this page. For copies of your records, see PSA marriage certificate and How to get a CENOMAR. If you want to go back to your maiden name in your passport, see the documents listed in Passport renewal abroad.

These are made-up examples to show how the rules work. They are not advice for any real case.

Maria (Filipina) and Kenji (Japanese) married in 2015. In 2023 Kenji obtained a divorce in Japan. Maria may remarry under Article 26, but first a Philippine court must recognize the divorce. She must prove the decree and the Japanese law on divorce.

Same facts, but Maria herself filed for the divorce in Japan. After Manalo, this does not block recognition.

Rosa and Ben, both Filipinos, married in Manila in 2005. Ben became a U.S. citizen in 2012 and then divorced Rosa in the U.S. Because Ben was already a foreigner when he obtained the divorce, Rosa can ask for recognition (Orbecido). If Ben had still been Filipino when the divorce was granted, Article 26 would not apply.

A recognition case is a court case. A lawyer helps you get the foreign decree and proof of the foreign law in the form a Philippine court accepts, chooses the right petition, and makes sure the civil registrar and other interested parties are included. Talk to a lawyer before you remarry, sign a new marriage license application, or change your records.

If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.