Flimsy reason

This is another case of foreign divorce that is recognized here. The main question resolved here is whether a foreign divorce by mutual consent between the Filipina spouse and her foreign spouse may be recognized in this jurisdiction. This is the case of Nida and Yoshida.

Nida, a Filipina and Yoshida, a Japanese national, had been married for 12 years when they eventually parted ways. Not long after, Yoshida even begot a child with another woman, prompting him to ask for divorce from Nida. Initially Nida was averse to Yoshida’s idea. But after his relentless prodding, Nida relented and agreed to sign the divorce papers.

So, Nida and Yoshida were issued a divorce decree which was duly recorded in the Family Register of the Japanese city where they reside, as well as a Receiving Certificate stating that their Divorce Decree was duly reported in said office.

Subsequently, Nida filed before the Regional Trial Court (RTC) a Petition for Recognition of Divorce to be able to remarry where she presented as her evidence, the documents issued by the Japanese Office.

The Republic of the Philippines through the Office of the Solicitor General (OSG) sought the dismissal of the petition, mainly arguing that a consensual or mutual divorce such as the divorce obtained by Nida is not contemplated by Article 26 of the Family Code; hence it cannot be recognized by the Philippine courts.

But the RTC granted Nida’s petition. The RTC found that Nida was able to comply with all the requirements of Article 26 and rejected the argument of the OSG.

On appeal, the Court of Appeals (CA) reversed the RTC decision, ruling that a divorce by mutual consent of the parties cannot be recognized in the jurisdiction as contended by the OSG. Was the CA correct?

The Supreme Court (SC) said no. The SC ruled that to follow the OSG interpretation, Nida would sadly remain in limbo – a divorced woman who cannot legally remarry. This is the dire situation of most of our kababayans in unsuccessful marriages since, more often than not, their divorces abroad are obtained through mutual agreements.

More appalling here is that those whose divorce end up getting rejected by Philippine courts for such a flimsy reason would still be considered as engaging in extra-marital affairs in the eyes of the Philippine law if ever they choose to move on with their lives and enter into another relationship like their foreign spouse. Worse, their children in the subsequent relationship would be considered illegitimate.

Contrary to the posture of the OSG therefore the CA, the SC correctly held that the divorce obtained by Nida abroad against her foreign husband, whether at their behest or consent, may be recognized as valid in this jurisdiction so long as it complies with the documentary requirements under the Rules of Court (Basa-Egami vs. Bersales etc. et.al. G.R No.249410, July 16, 2022).

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