I am a Filipino citizen and married to a Japanese national.
However, my husband divorced me in his country. Can I freely remarry
here in the Philippines?
The second paragraph of Article 26 of the Family Code states that divorce validly obtained by the alien spouse capacitating him/her to remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine law. However, you have to file a petition for recognition of that foreign divorce.
According to the latest ruling of the Supreme Court in the case of Corpus vs. Sto. Tomas, decided in August 11,2010, G.R. No. 186571, the recognition of the foreign divorce decree may be made applying Rule 108 of the Rules of Court (correction and cancellation of entry in the Certificate of Marriage) as the object of the said special proceedings is precisely to establish the status or right of a party or a particular fact. Moreover, Rule 108 of the Rules of Court can serve as the appropriate adversarial proceeding by which the applicability of the foreign judgment can be measured and tested in terms of jurisdictional infirmities, want of notice to the party, collusion, fraud, or clear mistake of law or fact.
Simply stated, a resort to Rule 108 is required because the divorce decree cannot be automatically annotated on the Certificate of Marriage.
In filing a petition for recognition of divorce, an authenticated copies of the foreign law used as basis of the divorce decree and the decree of divorce are needed.
The second paragraph of Article 26 of the Family Code states that divorce validly obtained by the alien spouse capacitating him/her to remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine law. However, you have to file a petition for recognition of that foreign divorce.
According to the latest ruling of the Supreme Court in the case of Corpus vs. Sto. Tomas, decided in August 11,2010, G.R. No. 186571, the recognition of the foreign divorce decree may be made applying Rule 108 of the Rules of Court (correction and cancellation of entry in the Certificate of Marriage) as the object of the said special proceedings is precisely to establish the status or right of a party or a particular fact. Moreover, Rule 108 of the Rules of Court can serve as the appropriate adversarial proceeding by which the applicability of the foreign judgment can be measured and tested in terms of jurisdictional infirmities, want of notice to the party, collusion, fraud, or clear mistake of law or fact.
Simply stated, a resort to Rule 108 is required because the divorce decree cannot be automatically annotated on the Certificate of Marriage.
In filing a petition for recognition of divorce, an authenticated copies of the foreign law used as basis of the divorce decree and the decree of divorce are needed.
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