REPUBLIC OF THE PHILIPPINES, Petitioner, vs. MARELYN TANEDO MANALO, Respondent, G.R. No. 221029, April 24, 2018.
“x x x.
Where a marriage between Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him her to remarry under Philippine law.
Paragraph 2 of Article 26 confers jurisdiction on Philippine courts to extend the effect of a foreign divorce decree to a Filipino spouse without undergoing trial to determine the validity of the dissolution of the marriage.20 It authorizes our courts to adopt the effects of a foreign divorce decree precisely because the Philippines does not allow divorce.21 Philippine courts cannot try the case on the merits because it is tantamount to trying a divorce case.22 Under the principles of comity, our jurisdiction recognizes a valid divorce obtained by the spouse of foreign nationality, but the legal effects thereof, e.g., on custody, care and support of the children or property relations of the spouses, must still be determined by our courts.23
According to Judge Alicia Sempio-Diy, a member of the Committee, the idea of the amendment is to avoid the absurd situation of a Filipino as still being married to his or her alien spouse, although the latter is no longer married to the former because he or she had obtained a divorce abroad that is recognized by his or national law.24 The aim was that it would solved the problem of many Filipino women who, under the New Civil Code, are still considered married to their alien husbands even after the latter have already validly divorced them under their (the husbands') national laws and perhaps have already married again.25
In 2005, this Court concluded that Paragraph 2 of Article 26 applies to a case where, at the time of the celebration of the marriage, the parties were Filipino citizens, but later on, one of them acquired foreign citizenship by naturalization, initiated a divorce proceeding, and obtained a favorable decree. We held in Republic of the Phils. v. Orbecido III:
The jurisprudential answer lies latent in the 1998 case of Quita v. Court of Appeals. In Quita, the parties were, as in this case, Filipino citizens when they got married. The wife became naturalized American citizen in 1954 and obtained a divorce in the same year. The court therein hinted, by the way of obiter dictum, that a Filipino divorced by his naturalized foreign spouse is no longer married under Philippine law and can thus remarry.
Thus, taking into consideration the legislative intent and applying the rule of reason, we hold that Paragraph 2 of Article 26 should be interpreted to include cases involving parties who, at the time of the celebration of the marriage were Filipino citizens, but later on, one of them becomes naturalized as foreign citizen and obtains divorce decree. The Filipino spouse should likewise be allowed to remarry as if the other party were foreigner at the time of the solemnization of the marriage. To rule otherwise would be to sanction absurdity and injustice. x x x
If we are to give meaning to the legislative intent to avoid the absurd situation where the Filipino spouse remains married to the alien spouse who after obtaining a divorce is no longer married to the Filipino spouse, then the instant case must be deemed as coming within the contemplation of Paragraph 2 of Article 26.
In view of the foregoing, we state the twin elements for the application of Paragraph 2 of Article 26 as follows:
1. There is a valid marriage that has been celebrated between a Filipino citizen and a foreigner; and
2. A valid divorce is obtained abroad by the alien spouse capacitating him or her to remarry.
The reckoning point is not the citizenship of the parties at the time of the celebration of marriage, but their citizenship at the time valid divorced obtained abroad by the alien spouse capacitating the latter to remarry.
Now, the Court is tasked to resolve whether, under the same provision, a Filipino citizen has the capacity to remarry under Philippine law after initiating a divorce proceeding abroad and obtaining a favorable judgment against his or her alien spouse who is capacitated to remarry. Specifically, Manalo pleads for the recognition of enforcement of the divorced decree rendered by the Japanese court and for the cancellation of the entry of marriage in the local civil registry " in order that it would not appear anymore that she is still married to the said Japanese national who is no longer her husband or is no longer married to her; [and], in the event that [she] decides to be remarried, she shall not be bothered and disturbed by said entry of marriage," and to use her maiden surname.
We rule in the affirmative.
Both Dacasin v. Dacasin and Van Dorn already recognized a foreign divorce decree that was initiated and obtained by the Filipino spouse and extended its legal effects on the issues of child custody and property relation, respectively.
In Dacasin, post-divorce, the former spouses executed an Agreement for the joint custody of their minor daughter. Later on, the husband who is a US citizen, sued his Filipino wife enforce the Agreement, alleging that it was only the latter who exercised sole custody of their child. The trial court dismissed the action for lack of jurisdiction, on the ground, among others, that the divorce decree is binding following the "nationality rule" prevailing in this jurisdiction. The husband moved to reconsider, arguing that the divorce decree obtained by his former wife is void, but it was denied. In ruling that the trial court has jurisdiction to entertain the suit bu not to enforce the Agreement, which is void, this Court said:
Nor can petitioner rely on the divorce decree's alleged invalidity - not because the Illinois court lacked jurisdiction or that the divorced decree violated Illinois law, but because the divorce was obtained by his Filipino spouse - to support the Agreement's enforceability . The argument that foreigners in this jurisdiction are not bound by foreign divorce decrees is hardly novel. Van Dron v. Romillo settled the matter by holding that an alien spouse of a Filipino is bound by a divorce decree obtained abroad. There, we dismissed the alien divorcee's Philippine suit for accounting of alleged post-divorce conjugal property and rejected his submission that the foreign divorce (obtained by the Filipino spouse) is not valid in this jurisdiction x x x.30
Van Dorn was decided before the Family Code took into effect. There, a complaint was filed by the ex-husband , who is a US citizen, against his Filipino wife to render an accounting of a business that was alleged to be a conjugal property and to be declared with right to manage the same. Van Dorn moved to dismiss the case on the ground that the cause of action was barred by previous judgment in the divorce proceedings that she initiated, but the trial court denied the motion. On his part, her ex-husband averred that the divorce decree issued by the Nevada court could not prevail over the prohibitive laws of the Philippines and its declared national policy; that the acts and declaration of a foreign court cannot, especially if the same is contrary to public policy, divest Philippine courts of jurisdiction to entertain matters within its jurisdiction . In dismissing the case filed by the alien spouse, the Court discussed the effect of the foreign divorce on the parties and their conjugal property in the Philippines. Thus:
There can be no question as to the validity of that Nevada divorce in any of the States of the United States. The decree is binding on private respondent as an American citizen. For instance, private respondent cannot sue petitioner, as her husband, in any State of the Union. What he is contending in this case is that the divorce is not valid and binding in this jurisdiction, the same being contrary to local law and public policy.
Is it true that owing to the nationality principle embodied in Article 15 of the Civil Code, only Philippine nationals are covered by the policy and morality. However, aliens may obtain divorce abroad, which may be recognized in the Philippines, provided they are valid according to their national law. In this case, the divorce in Nevada released private respondent from the marriage from standards of American law, under which divorce dissolves the marriage. As stated by the Federal Supreme Court of the United States in Atherton vs. Atherton, 45 L. Ed. 794,799:
"The purpose and effect of a decree of divorce from the bond of matrimony by a court of competent jurisdiction are to change the existing status or domestic relation of husband and wife, and to free them both from the bond. The marriage tie, when thus severed as stone party, ceases to bind either. A husband without a wife, or a wife without a husband, is unknown to the law. When the law provides in the nature of penalty, that the guilty party shall not marry again, that party, as well as the other, is still absolutely feed from the bond of the former marriage."
Thus, pursuant to his national law, private respondent is no longer the husband of petitioner. He would have no standing to sue in the case below as petitioner's husband entitled to exercise control over conjugal assets. As he is estopped by his own representation before said court from asserting his right over the alleged conjugal property.
To maintain, as private respondent does, that under our laws, petitioner has to be considered still married to private respondent and still subject to a wife's obligations under Article 109, et. seq. of the Civil Code cannot be just. Petitioner should not be obliged to live together with, observe respect and fidelity, and render support to private respondent. The latter should not continue to be one of her heirs with possible rights to conjugal property. She should not be discriminated against in her own country if the ends of justice are to be served.31
In addition, the fact that a validity obtained foreign divorce initiated by the Filipino spouse can be recognized and given legal effects in the Philippines is implied from Our rulings in Fujiki v. Marinay, et al. and Medina v. Koike.
In Fujiki, the Filipino wife, with the help of her husband, who is a Japanese national, was able to obtain a judgment from Japan's family court. Which declared the marriage between her and her second husband, who is a Japanese national, void on the ground of bigamy. In resolving the issue of whether a husband or wife of a prior marriage can file a petition to recognize a foreign judgment nullifying the subsequent marriage between his her spouse and a foreign citizen on the ground of bigamy, We ruled:
Fujiki has the personality to file a petition to recognize the Japanese Family Court judgment nullifying the marriage between Marinay and Maekara on the ground of bigamy because the judgment concerns his civil status as married to Marinay. For the same reason he has the personality to file a petition under Rule 108 to cancel the entry of marriage between Marinay and Maekara in the civil registry on the basis of the decree of the Japanese Family Court.
There is no doubt that the prior spouse has a personal and material interest in maintaining the integrity of the marriage he contracted and the property relations arising from it. There is also no doubt that he is interested in the cancellation of an entry of a bigamous marriage in the civil registry, which compromises the public record of his marriage. The interest derives from the substantive right of the spouse not only to preserve (or dissolve, in limited instances) his most intimate human relation, but also to protect his property interests that arise by operation of law the moment he contracts marriage. These property interests in marriage included the right to be supported "in keeping with the financial capacity of the family" and preserving the property regime of the marriage.
Property rights are already substantive rights protected by the Constitution, but a spouse's right in a marriage extends further to relational rights recognized under Title III ("Rights and Obligations between Husband and Wife") of the Family Code. x x x34
On the other hand, in Medina, the Filipino wife and her Japanese husband jointly filed for divorce, which was granted.1âwphi1 Subsequently, she filed a petition before the RTC for judicial recognition of foreign divorce and declaration of capacity to remarry pursuant to Paragraph 2 of Article 26. The RTC denied the petition on the ground that the foreign divorce decree and the national law of the alien spouse recognizing his capacity to obtain a divorce must be proven in accordance with Sections 24 and 25 of Rule 132 of the Revised Rules on Evidence. This Court agreed and ruled that, consistent with Corpuz v. Sto. Tomas, et al.35 and Garcia v. Recio,36 the divorce decree and the national law of the alien spouse must be proven. Instead of dismissing the case, We referred it to the CA for appropriate action including the reception of evidence to determine and resolve the pertinent factual issues.
There is no compelling reason to deviate from the above-mentioned rulings. When this Court recognized a foreign divorce decree that was initiated and obtained by the Filipino spouse and extended its legal effects on the issues of child custody and property relation, it should not stop short in a likewise acknowledging that one of the usual and necessary consequences of absolute divorce is the right to remarry. Indeed, there is no longer a mutual obligation to live together and observe fidelity. When the marriage tie is severed and ceased to exist, the civil status and the domestic relation of the former spouses change as both of them are freed from the marital bond.
X x x.”
Paragraph 2 of Article 26 confers jurisdiction on Philippine courts to extend the effect of a foreign divorce decree to a Filipino spouse without undergoing trial to determine the validity of the dissolution of the marriage.20 It authorizes our courts to adopt the effects of a foreign divorce decree precisely because the Philippines does not allow divorce.21 Philippine courts cannot try the case on the merits because it is tantamount to trying a divorce case.22 Under the principles of comity, our jurisdiction recognizes a valid divorce obtained by the spouse of foreign nationality, but the legal effects thereof, e.g., on custody, care and support of the children or property relations of the spouses, must still be determined by our courts.23
According to Judge Alicia Sempio-Diy, a member of the Committee, the idea of the amendment is to avoid the absurd situation of a Filipino as still being married to his or her alien spouse, although the latter is no longer married to the former because he or she had obtained a divorce abroad that is recognized by his or national law.24 The aim was that it would solved the problem of many Filipino women who, under the New Civil Code, are still considered married to their alien husbands even after the latter have already validly divorced them under their (the husbands') national laws and perhaps have already married again.25
In 2005, this Court concluded that Paragraph 2 of Article 26 applies to a case where, at the time of the celebration of the marriage, the parties were Filipino citizens, but later on, one of them acquired foreign citizenship by naturalization, initiated a divorce proceeding, and obtained a favorable decree. We held in Republic of the Phils. v. Orbecido III:
The jurisprudential answer lies latent in the 1998 case of Quita v. Court of Appeals. In Quita, the parties were, as in this case, Filipino citizens when they got married. The wife became naturalized American citizen in 1954 and obtained a divorce in the same year. The court therein hinted, by the way of obiter dictum, that a Filipino divorced by his naturalized foreign spouse is no longer married under Philippine law and can thus remarry.
Thus, taking into consideration the legislative intent and applying the rule of reason, we hold that Paragraph 2 of Article 26 should be interpreted to include cases involving parties who, at the time of the celebration of the marriage were Filipino citizens, but later on, one of them becomes naturalized as foreign citizen and obtains divorce decree. The Filipino spouse should likewise be allowed to remarry as if the other party were foreigner at the time of the solemnization of the marriage. To rule otherwise would be to sanction absurdity and injustice. x x x
If we are to give meaning to the legislative intent to avoid the absurd situation where the Filipino spouse remains married to the alien spouse who after obtaining a divorce is no longer married to the Filipino spouse, then the instant case must be deemed as coming within the contemplation of Paragraph 2 of Article 26.
In view of the foregoing, we state the twin elements for the application of Paragraph 2 of Article 26 as follows:
1. There is a valid marriage that has been celebrated between a Filipino citizen and a foreigner; and
2. A valid divorce is obtained abroad by the alien spouse capacitating him or her to remarry.
The reckoning point is not the citizenship of the parties at the time of the celebration of marriage, but their citizenship at the time valid divorced obtained abroad by the alien spouse capacitating the latter to remarry.
Now, the Court is tasked to resolve whether, under the same provision, a Filipino citizen has the capacity to remarry under Philippine law after initiating a divorce proceeding abroad and obtaining a favorable judgment against his or her alien spouse who is capacitated to remarry. Specifically, Manalo pleads for the recognition of enforcement of the divorced decree rendered by the Japanese court and for the cancellation of the entry of marriage in the local civil registry " in order that it would not appear anymore that she is still married to the said Japanese national who is no longer her husband or is no longer married to her; [and], in the event that [she] decides to be remarried, she shall not be bothered and disturbed by said entry of marriage," and to use her maiden surname.
We rule in the affirmative.
Both Dacasin v. Dacasin and Van Dorn already recognized a foreign divorce decree that was initiated and obtained by the Filipino spouse and extended its legal effects on the issues of child custody and property relation, respectively.
In Dacasin, post-divorce, the former spouses executed an Agreement for the joint custody of their minor daughter. Later on, the husband who is a US citizen, sued his Filipino wife enforce the Agreement, alleging that it was only the latter who exercised sole custody of their child. The trial court dismissed the action for lack of jurisdiction, on the ground, among others, that the divorce decree is binding following the "nationality rule" prevailing in this jurisdiction. The husband moved to reconsider, arguing that the divorce decree obtained by his former wife is void, but it was denied. In ruling that the trial court has jurisdiction to entertain the suit bu not to enforce the Agreement, which is void, this Court said:
Nor can petitioner rely on the divorce decree's alleged invalidity - not because the Illinois court lacked jurisdiction or that the divorced decree violated Illinois law, but because the divorce was obtained by his Filipino spouse - to support the Agreement's enforceability . The argument that foreigners in this jurisdiction are not bound by foreign divorce decrees is hardly novel. Van Dron v. Romillo settled the matter by holding that an alien spouse of a Filipino is bound by a divorce decree obtained abroad. There, we dismissed the alien divorcee's Philippine suit for accounting of alleged post-divorce conjugal property and rejected his submission that the foreign divorce (obtained by the Filipino spouse) is not valid in this jurisdiction x x x.30
Van Dorn was decided before the Family Code took into effect. There, a complaint was filed by the ex-husband , who is a US citizen, against his Filipino wife to render an accounting of a business that was alleged to be a conjugal property and to be declared with right to manage the same. Van Dorn moved to dismiss the case on the ground that the cause of action was barred by previous judgment in the divorce proceedings that she initiated, but the trial court denied the motion. On his part, her ex-husband averred that the divorce decree issued by the Nevada court could not prevail over the prohibitive laws of the Philippines and its declared national policy; that the acts and declaration of a foreign court cannot, especially if the same is contrary to public policy, divest Philippine courts of jurisdiction to entertain matters within its jurisdiction . In dismissing the case filed by the alien spouse, the Court discussed the effect of the foreign divorce on the parties and their conjugal property in the Philippines. Thus:
There can be no question as to the validity of that Nevada divorce in any of the States of the United States. The decree is binding on private respondent as an American citizen. For instance, private respondent cannot sue petitioner, as her husband, in any State of the Union. What he is contending in this case is that the divorce is not valid and binding in this jurisdiction, the same being contrary to local law and public policy.
Is it true that owing to the nationality principle embodied in Article 15 of the Civil Code, only Philippine nationals are covered by the policy and morality. However, aliens may obtain divorce abroad, which may be recognized in the Philippines, provided they are valid according to their national law. In this case, the divorce in Nevada released private respondent from the marriage from standards of American law, under which divorce dissolves the marriage. As stated by the Federal Supreme Court of the United States in Atherton vs. Atherton, 45 L. Ed. 794,799:
"The purpose and effect of a decree of divorce from the bond of matrimony by a court of competent jurisdiction are to change the existing status or domestic relation of husband and wife, and to free them both from the bond. The marriage tie, when thus severed as stone party, ceases to bind either. A husband without a wife, or a wife without a husband, is unknown to the law. When the law provides in the nature of penalty, that the guilty party shall not marry again, that party, as well as the other, is still absolutely feed from the bond of the former marriage."
Thus, pursuant to his national law, private respondent is no longer the husband of petitioner. He would have no standing to sue in the case below as petitioner's husband entitled to exercise control over conjugal assets. As he is estopped by his own representation before said court from asserting his right over the alleged conjugal property.
To maintain, as private respondent does, that under our laws, petitioner has to be considered still married to private respondent and still subject to a wife's obligations under Article 109, et. seq. of the Civil Code cannot be just. Petitioner should not be obliged to live together with, observe respect and fidelity, and render support to private respondent. The latter should not continue to be one of her heirs with possible rights to conjugal property. She should not be discriminated against in her own country if the ends of justice are to be served.31
In addition, the fact that a validity obtained foreign divorce initiated by the Filipino spouse can be recognized and given legal effects in the Philippines is implied from Our rulings in Fujiki v. Marinay, et al. and Medina v. Koike.
In Fujiki, the Filipino wife, with the help of her husband, who is a Japanese national, was able to obtain a judgment from Japan's family court. Which declared the marriage between her and her second husband, who is a Japanese national, void on the ground of bigamy. In resolving the issue of whether a husband or wife of a prior marriage can file a petition to recognize a foreign judgment nullifying the subsequent marriage between his her spouse and a foreign citizen on the ground of bigamy, We ruled:
Fujiki has the personality to file a petition to recognize the Japanese Family Court judgment nullifying the marriage between Marinay and Maekara on the ground of bigamy because the judgment concerns his civil status as married to Marinay. For the same reason he has the personality to file a petition under Rule 108 to cancel the entry of marriage between Marinay and Maekara in the civil registry on the basis of the decree of the Japanese Family Court.
There is no doubt that the prior spouse has a personal and material interest in maintaining the integrity of the marriage he contracted and the property relations arising from it. There is also no doubt that he is interested in the cancellation of an entry of a bigamous marriage in the civil registry, which compromises the public record of his marriage. The interest derives from the substantive right of the spouse not only to preserve (or dissolve, in limited instances) his most intimate human relation, but also to protect his property interests that arise by operation of law the moment he contracts marriage. These property interests in marriage included the right to be supported "in keeping with the financial capacity of the family" and preserving the property regime of the marriage.
Property rights are already substantive rights protected by the Constitution, but a spouse's right in a marriage extends further to relational rights recognized under Title III ("Rights and Obligations between Husband and Wife") of the Family Code. x x x34
On the other hand, in Medina, the Filipino wife and her Japanese husband jointly filed for divorce, which was granted.1âwphi1 Subsequently, she filed a petition before the RTC for judicial recognition of foreign divorce and declaration of capacity to remarry pursuant to Paragraph 2 of Article 26. The RTC denied the petition on the ground that the foreign divorce decree and the national law of the alien spouse recognizing his capacity to obtain a divorce must be proven in accordance with Sections 24 and 25 of Rule 132 of the Revised Rules on Evidence. This Court agreed and ruled that, consistent with Corpuz v. Sto. Tomas, et al.35 and Garcia v. Recio,36 the divorce decree and the national law of the alien spouse must be proven. Instead of dismissing the case, We referred it to the CA for appropriate action including the reception of evidence to determine and resolve the pertinent factual issues.
There is no compelling reason to deviate from the above-mentioned rulings. When this Court recognized a foreign divorce decree that was initiated and obtained by the Filipino spouse and extended its legal effects on the issues of child custody and property relation, it should not stop short in a likewise acknowledging that one of the usual and necessary consequences of absolute divorce is the right to remarry. Indeed, there is no longer a mutual obligation to live together and observe fidelity. When the marriage tie is severed and ceased to exist, the civil status and the domestic relation of the former spouses change as both of them are freed from the marital bond.
X x x.”
