Skip to content

How Can My Foreign Divorce Decree be Recognized in the Philippines?

DSLaw Remedial Law Series

HOW CAN MY FOREIGN DIVORCE DECREE BE RECOGNIZED IN THE PHILIPPINES? [Understanding the Recognition of Foreign Divorce in the Philippines]*

After enduring years of tumultuous marriage, Maria, a Filipino citizen, filed for divorce against her Japanese spouse, Kota. Maria’s husand did not oppose it because under Japanese law a grant of divorce will capacitate him to remarry. Maria’s divorce petition was later granted by the Japanese court with finality.

Wanting to fully move on from her heartbreak, Maria decides to start her life anew in her homeland. She now asks: how can my foreign divorce be recognized in the Philippines?

In Garcia v. Recio, the Court established the principle that before a foreign divorce decree is recognized in the Philippines, a separate action must be instituted for that purpose. Courts do not take judicial notice of foreign laws and foreign judgments; thus, our laws require that the divorce decree and the national law of the foreign spouse must be pleaded and proved like any other fact before trial courts[1]. Thus, in Corpuz v. Sto. Tomas, the Court explained that:

The starting point in any recognition of a foreign divorce judgment is the acknowledgment that our courts do not take judicial notice of foreign judgments and laws. Justice Herrera explained that, as a rule, “no sovereign is bound to give effect within its dominion to a judgment rendered by a tribunal of another country.” This means that the foreign judgment and its authenticity must be proven as facts under our rules on evidence, together with the alien’s applicable national law to show the effect of the judgment on the alien himself or herself. The recognition may be made in an action instituted specifically for the purpose or in another action where a party invokes the foreign decree as an integral aspect of his claim or defense[2].

Consequently, judicial recognition of a foreign divorce requires that the national law of the foreign spouse and the divorce decree be pleaded and proved as a fact before the Regional Trial Court. The Filipino spouse may be granted the capacity to remarry once our courts find that the foreign divorce was validly obtained by the foreign spouse according to his or her national law, and that the foreign spouse’s national law considers the dissolution of the marital relationship to be absolute [3].

[1] G.R. No. 138322, 418 Phil. 723, 725 (2001).

[2] G.R. No. 186571, 642 Phil. 420, 432 (2010).

[3] Racho v. Tanaka, G.R. No. 199515, (2018).

*About the Author: DSLaw’s Of Counsel Atty. Severo C. Madrona Jr., LL.M., Ph.D is the Dean and a Professor of the College of Law, City University of Pasay. He is also a published author and concurrently a professorial lecturer teaching law, history and public administration subjects in various universities such as the University of the Philippines Diliman, Ateneo de Manila University and De La Salle University, to name a few. 

IN CASE YOU MISSED IT: DS Law Family Series: Can I File For Divorce Abroad If I am a Filipino Citizen?

How Can We Help?

At Delloro & Saulog Law Offices, we can assist you in the preparation of the Petition for Recognition of the Foreign Divorce.

We can facilitate the authentication and certification of the “divorce decree” and the “official law on divorce” of the foreign country where the divorce was obtained by either party pursuant to Rule 132, Section 24 of the Rules of Court.

Thereafter, we can represent you in filing the petition before the trial court.

For more information on how we can help you, book a consultation with us below.

Are Employees Entitled to Holiday Pay on Labor Day amid ECQ?

DSLaw Labor Law Series

ARE EMPLOYEES ENTITLED TO HOLIDAY PAY ON LABOR DAY AMID ECQ? [Understanding the Payment of Wages for May 1, 2020, a Regular Holiday, under DOLE Labor Advisory No. 15 Series of 2020]?

Employees presumably look forward to regular holidays because they are given the opportunity to take time off from work and yet still get paid without having to break sweat. For those employees required to work on holidays, they are also rewarded with double pay for a single day’s work.

During this COVID-19 pandemic, one may ask, are employees entitled to holiday pay on Labor Day[1] amid the Enhanced Community Quarantine (ECQ?)?

The Department of Labor and Employment (DOLE) Labor Advisory No. 15 Series of 2020 provides for the answer.

Based on the said Advisory, the general rule on holiday pay still applies. Thus, employees who do not report to work are still entitled to their daily wage. On the other hand, those employees obliged to work on a holiday, whether in the office or at home, are entitled to double pay. [2]

However, by way of exception, due consideration is likewise given to employers who are grappling with the COVID-19 situation. Thus, the Advisory further states:

Due to the existence of a national emergency arising from the COVID-19 outbreak, employers are allowed to defer payment of the holiday pay on 1 May 2020 until such time the emergency situation has been abated and the normal operations of the establishment are in place.

Establishments which totally closed during the ECQ, employers are exempted from payment of the holiday pay.

This advisory appears to be consistent with the State’s policy to maintain the delicate balance between the welfare of the employees and the right of the employers. Nevertheless, we suggest that while the DOLE has devised these mechanisms to help cushion and alleviate the economic impact of the COVID-19 outbreak, we urge the employers to provide more than what the law requires in keeping with the principles of Corporate Social Responsibility.

[1] Labor day was declared a regular holiday per Presidential Proclamation No. 845 (2019).

[2] Presidential Decree 441,As Amended [LABOR CODE], art 94(b).

How Can We Help?

Our lawyers at Delloro Saulog Law Offices (DSLaw) can help you understand your rights and obligations as employers or employees especially in view of the peculiar circumstances brought about by the COVID-19 pandemic. We are here to help both employers and employees work in synchrony to ensure the continuity of business and commerce in these challenging times.

As the world honors all the workers today, DS Law joins the global community in saluting all the workers for their invaluable contribution to the society. Most especially, we tip our hats to all the medical and health workers and other frontliners who courageously risk their own lives on a daily basis in order that we may hurdle and overcome this pandemic sooner rather than later.

Happy Labor Day!

For more information on how we can help you, book a consultation with us below.

Can a Filipino File for Divorce Abroad?

DSLaw Family Law Series

CAN I FILE FOR DIVORCE ABROAD IF I AM A FILIPINO CITIZEN? [Understanding Article 26 of the Family Code of the Philippines]

It is of common knowledge that there is no divorce in the Philippines just yet. In fact, the Philippines is the only country in the world without divorce law other than the Vatican. However, a party from a mixed marriage can validly wonder, “Can I file for divorce abroad if I am a Filipino citizen?”

The pertinent provision of the Family Code is found in Paragraph 2 of Article 26, which provides that:

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have the capacity to remarry under Philippine law.

The purpose of Paragraph 2 of Article 26 is to avoid the absurd situation where the Filipino spouse remains married to the alien spouse who, after a foreign divorce decree that is effective in the country where it was rendered, is no longer married to the Filipino spouse. The provision is a corrective measure to address an anomaly where the Filipino spouse is tied to the marriage while the foreign spouse is free to marry under the laws of his or her country.[1]

Nevertheless, a plain reading of the law suggests that the one who must initiate the divorce proceeding is the alien spouse and not the Filipino spouse. So, can a Filipino spouse validly file a divorce proceeding and obtain a divorce decree abroad?

In the fairly recent case of Republic vs. Manalo,[2] the Supreme Court has ruled in the affirmative explaining that: “A prohibitive view of Paragraph 2 of Article 26 would do more harm than good. If We disallow a Filipino citizen who initiated and obtained a foreign divorce from the coverage of Paragraph 2 of Article 26 and still require him or her to first avail of the existing “mechanisms” under the Family Code, any subsequent relationship that he or she would enter in the meantime shall be considered as illicit in the eyes of the Philippine law.”

It must be emphasized that this scenario applies only to a mixed marriage which presupposes that a Filipino spouse is married to a foreign national. Nevertheless, you still need to file for a Petition for Recognition of Foreign Divorce Decree before the Philippine Court of Law in order for your foreign divorce decree to have a legal effect in the Philippine jurisdiction.

[1] Fujiki v. Marinay, supra note 20, at 555.

[2] Republic v. Manalo, G.R. No. 221029, [April 24, 2018])

How Can We Help?

Our lawyers at Delloro & Saulog Law Offices specialize in marriage and family law. We can provide you a competent representation, if you opt to institute the appropriate legal proceedings.

For more information on how we can help you, book a consultation with us below.

What Happens to Our Property Relations If We are Cohabiting Outside the Benefit of Marriage?

DSLaw Family Law Series

What Happens to Our Property Relations If We are Cohabiting Outside the Benefit of Marriage? [Understanding the Property Regimes under Articles 147 and 148 of the Family Code of the Philippines]

Cohabitation is the public assumption by a man and a woman of the marital relation, and dwelling together as man and wife, thereby holding themselves out to the public as such.[1]

1.When a couple decides to cohabit, the Family Code of the Philippines dictates two legal scenarios with respect to their properties:When a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage, their wages and salaries shall be owned by them in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules on
co-ownership.[2]

2. On the other hand, when the common-law spouses suffer from a legal impediment to marry or when they do not live exclusively with each other as husband and wife, only the property acquired by both of them through their actual joint contribution of money, property or industry shall be owned in common and in proportion to their respective contributions. Such contributions and corresponding shares, however, are prima facie presumed to be equal.[3]

[1] Arcaba v. Vda. de Batocael, G.R. No. 146683, (2001).

[2] Family Code, art. 147, (1987).

[3] Valdes v. RTC, Br. 102, Quezon City, G.R. No. 122749, (1996).

How Can We Help?

Cohabiting or being in a relationship as a common law husband or wife with your partner can result to complex property relations and successional rights.

Our lawyers at Delloro & Saulog Law Offices are ready to explain to you the complexities of these property regimes under the Family Code of the Philippines and the legal consequences you must know to protect your rights and interests.

Will co-ownership apply to your cohabitation? Or will it be owned in common in proportion to your respective contributions? Our lawyers will be glad to assist.

For more information on how we can help you protect your rights and interests under the given circumstance, book a consultation with us below.

For more information on how we can help you, book a consultation with us below.

Can I Get Married Without a License?

DSLaw Family Law Series

CAN I GET MARRIED WITHOUT A LICENSE?[Understanding the Marriage License Exemption under the Family Code of the Philippines]

Under the Family Code, no license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other.[1]

The reason behind this is to avoid exposing the parties to humiliation, shame and embarrassment concomitant with the scandalous cohabitation of persons outside a valid marriage.[2]

Nevertheless, said exemption is not easy as it seems. The nature of the cohabitation should be continuous, exclusive, and without any legal impediment the entire time.  The parties must also execute an affidavit stating such facts[3] before any marriage can take place.

As a general rule, before you get married in the Philippines, a marriage license needs to be secured. But did you know that some couples are exempted from this requirement?

[1] Family Code, art. 34, (1987).

[2] De Castro v. Assidao-De Castro, G.R. No. 160172, (2008).

[3] E. Rabuya, The Law on Persons and Family Relations, (2006).

How Can We Help?

There are other circumstances when the marriage license requirement may be waived under the pertinent provisions of the Family Code of the Philippines. If you are interested to learn about them, our lawyers at Delloro & Saulog Law Offices can clearly explain it to you. Moreover, our lawyers are willing to assist you in drafting the necessary paperwork with respect to this matter.

It is best to talk to a lawyer if you are thinking of getting married as there are legal matters that we can help you with in this momentous occasion of your life. For example, if you intend to donate property to your future spouse or if you wish to execute a pre-nuptial agreement, there are prescribed formalities of the law that need to be observed for these acts to be valid and binding. Let DSLaw be there to guide and make things smooth for you before you say your I do.

For more information on how we can help you, book a consultation with us below.

[1] Civil Code, art. 21, (1949).

Can I Marry Just for Money and Convenience?

DSLaw Family Law Series

CAN I MARRY JUST FOR MONEY AND CONVENIENCE?
[Understanding the Proper Consideration of Marriage for its Validity under the Family Code of the Philippines]

Love is useless unless it is shared with another.[1] This is true as more often than not, people marry for love. Nevertheless, some would marry for convenience (i.e. to obtain citizenship)[2] or for commercial reasons (i.e. for money). Are they still valid under Philippine Law?

Yes. People can enter into marriage for various reasons. The state cannot dictate the kind of life that a couple choses to lead.[3]

Thus, marriages entered into for other purposes, such as convenience, companionship, money, status, and title, provided that they comply with all the legal requisites, are equally valid.

Love, though the ideal consideration in a marriage contract, is not the only valid cause for marriage. Other considerations, not precluded by law, may validly support a marriage.[4]

[1] Chi Ming Tsoi v. Court of Appeals, G.R. No. 119190, (1997).

[2] Pabalan v. Salva, A.C. No. 12098, (2019).

[3] Bark v. Immigration & Naturalization Service, 511 F.2d 1200, 1201, (1975).

[4] Republic v. Albios, G.R. No. 198780, (2013).

How Can We Help?

At Delloro & Saulog Law Offices, our lawyers can help you prepare for the legal aspect of your married life. We can brief you with other jurisdictional requirements for a valid marriage. We can also help you draft related documents such as pre-nuptial agreement and donation contract in consideration of marriage. Make sure that you are well-informed with your decisions before you say I do, talk to a family lawyer today.

For more information on how we can help you, book a consultation with us below.

Is Breach of Promise to Marry an Actionable Wrong?


DSLaw Family Law Series

IS BREACH OF PROMISE TO MARRY AN ACTIONABLE WRONG? [Understanding the Concept of Damages under the Civil Code of the Philippines]

Imagine this: you’re on cloud nine. The love of your life proposed, and of course, you said, yes. You purchased the gown, the party dresses for the entourage, the flowers, and even the matrimonial bed. But two days before the big date, your fiancé left a note:
“I’m sorry but we need to postpone the wedding. My mother opposes it.” After which, you never saw him again.

Is his breach of promise to marry an actionable wrong?

Ordinarily, a breach of promise to marry per se is not an actionable wrong under Philippine Law.[1]

But to formally set a wedding and go through all the necessary preparations and publicity, only to walk out of it when the matrimony is about to be solemnized, is quite different. This is palpably and unjustifiably contrary to good customs, for which the erring promisor must be held answerable in damages.[2]

[1] Gashem Shookat Baksh v. Court of Appeals, G.R. No. 97336, (1993).

[2] Wassmer v. Velez, G.R. No. L-20089, (1964).

How Can We Help?

When a breach of promise to marry is actionable, our lawyers at Delloro & Saulog Law Offices can help you recover damages – be it actual, moral or exemplary damages. After all, we must all be held accountable with our promises, in one way or another.

We must all bear in mind that any person who willfully causes loss or injury to another in manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.[1]

For more information on how we can help you, book a consultation with us below.

[1] Civil Code, art. 21, (1949).