Republic of the Philippines

v. Manalo
The respondent was married to a Japanese national. The couple
filed for divorce in Japan. The respondent then petitioned to cancel
the entry of marriage in the Civil Registry of San Juan, Metro
Manila, as she was no longer married to her Japanese husband. The
Regional Trial Court denied the petition ruling that the divorce
obtained by the respondent in Japan cannot be recognized, due to
Article 15 of the New Civil Code, which “does not afford Filipinos the
right to file for a divorce, whether they are in the country or living
abroad if they are married to Filipinos or to foreigners, or if they
celebrated their marriage in the Philippines or in another country.”
In addition, unless Filipinos are naturalized citizens of another
country, Philippines law controls matters of family rights and duties,
including marriages. The Court of Appeals overturned the Regional
Trial Court decision, holding that Article 26 of the Family Code of
the Philippines is applicable, even if it was the respondent who filed
for divorce. Because the Japanese husband is now no longer
married to the respondent, it would be unjust to still consider the
respondent to be married to him. The Supreme Court partially
affirmed the Court of Appeals decision. The Court noted that the
burden was on the respondent to prove the divorce was validated
by Japanese law as well as her former husband’s capacity to legally
remarry. Thus, the case was remanded to the court of origin for
further proceedings and for consideration of evidence presented
regarding Japanese law on divorce.