So, you got Divorced. What now?

 

Foreign spouse secured a Divorce abroad—What can the Filipino spouse do in the Philippines?

1) Check if your situation falls under Article 26 (mixed marriage)

The rule is that a foreign divorce can benefit the Filipino spouse when the marriage is between a Filipino citizen and a foreigner, and a divorce was validly obtained abroad that capacitated the foreign spouse to remarry—in which case the Filipino spouse also gains capacity to remarry under Philippine law.

“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 capacity to remarry under Philippine law.”

— Family Code, Art. 26 (1987)

Currently, it doesn't matter who filed for the divorce (foreigner, Filipino, or jointly), as long as the divorce is valid and legally ends the marriage under the relevant foreign law. This is affirmed in recent Supreme Court rulings like Republic v. Manalo (G.R. No. 221029, April 24,2018), Morisono v. Morisono (G.R. No. 226013, July 2,  2018), Abel v. Rule (G.R. No. 234457, May 12, 2021), Republic v. Bayog-Saito (G.R. No. 247297, August 17, 2022), and Octaviano v. Ruthe (G.R. No. 218008, June 26, 2023).

Because Article 26(2) is meant to prevent the unfair situation where the foreign spouse is “single” abroad but the Filipino spouse remains “married” in the Philippines, therefore Philippine courts allow recognition of that divorce (once proven).

2) File a Petition for Judicial Recognition of Foreign Divorce

The law states that the foreign divorce is a foreign judgment; Philippine courts don’t presume it. You need a court case to recognize it and extend its effect to the Filipino spouse under Article 26(2). The divorce decree and the applicable foreign law must be proven as facts in court. This requirement is reiterated in Moraña v. Republic (G.R. No. 227605, December 5, 2019) and discussed in Johansen v. OCRG (G.R. No. 256951, November 29, 2021).

3) After recognition, secure annotation/correction of your civil registry records (don’t skip this)

Remember, a court’s recognition of the divorce does not automatically authorize cancellation/correction of entries in the civil registry. Recognition and civil registry correction are different proceedings with different rules.

“Case law teaches that the court's recognition of a foreign divorce decree does not, by itself, authorize the cancellation of the entry in the civil registry.” - Johansen v. Office of the Civil Registrar General, et al. (G.R. No. 256951, November 29, 2021)

What this means in practical terms:

1. You may need to file (or include, depending on approach) a Rule 108 petition (cancellation/correction of entries) so the divorce recognition is properly annotated on:
2. your marriage certificate (PSA/LCRO records), and/or
3. other related civil registry entries.

Important procedural warning: Venue is jurisdictional in Rule 108 petitions. The petition must be filed in the RTC where the corresponding civil registry is located, or the case can be dismissed for lack of authority. Johansen (2021)

Because your PSA/civil registry record is what agencies rely on, therefore annotation/correction is often the step that makes the recognition “usable” for real-world transactions (e.g., remarriage, updating civil status).

A word of caution: 

DO NOT ASSUME THE DIVORCE IS "AUTOMATIC" IN THE PHILIPPINES

This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Legal outcomes depend on specific facts and applicable law.