Republic of the Philippines v.

Manalo
G.R. No. 221029

Facts
Manalo, a Filipina, married a Japanese national here in the Philippines. She later filed for
divorce in Japan, which was granted by their courts. She filed this petition to cancel the entry
of marriage in the Civil Registry of San Juan. Since she is no longer married, she wishes to
return to her maiden surname.
The RTC denied Manalo’s petition for lack of merit, ruling that the nationality principle will
govern Filipinos living abroad. Art. 26 of the Family Code notes that since divorce is not
recognized in the country, her divorce is not valid.
The CA reversed the decision, stating that the intent of the framers for Art. 26 of the Family
Code allows her to divorce her husband, who, under his country, was no longer married to
her.
The OSG filed a motion for reconsideration but was denied, hence the appeal to the SC
Issue
Under Par. 2 of Art. 26 of the Family Code, should the Court allow a Filipino citizen the
capacity to remarry after initiating divorce proceedings abroad and obtaining favourable
judgment?
Petitioner’s Argument
Par. 2 of Art. 26 states that divorce between a Filipino and a foreigner is only recognized
when it was validly obtained by the alien spouse. This provision should be interpreted verba
legis.
Respondent’s Argument

Held
The petition is denied and the SC partially affirms the CA’s decision. The case is remanded
back to the CA for the respondent to prove the Japanese law on divorce.
Ruling
Yes. Applying verba legis or strict literal interpretation may render the statute meaningless
or create a situation of injustice. Since legislative intent is not always accurately reflected,
the principle intended by the framers should be given utmost consideration. When the literal
interpretation of the statute veers away from the purpose of the legislature, it should instead
be construed according to its spirit.
The purpose of Par. 2 of Art. 26 was to avoid a situation where Filipino who married a
foreigner, after a divorce decree was rendered in a foreign country, would still be considered
married in the Philippines but the alien spouse would be considered single. Whoever
initiated the divorce proceeding is irrelevant—the Filipino spouse will effectively be without
a husband or wife.
The nationality principle is not absolute and Par. 2 of Art. 26 is one such exemption. Not
recognizing Filipino citizens who obtained and initiated foreign divorce has social
consequences.