FAMILY CODE. Art. 26.

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.

Our Philippine courts cannot take judicial notice of foreign laws (Wild
Valley Shipping Co., Ltd vs CA; GR 119602) Like any other facts, they must be
alleged and proved.

A divorce decree obtained abroad by a foreigner may be recognized in the

Philippines, provided such decree is valid according to the national law of the
foreigner. However, the divorce decree and the governing national law of the alien
spouse who obtained the divorce must be proved. x x x Therefore, before a foreign
divorce decree can be recognized by our Philippine courts, the party pleading it
must prove the divorce as a fact and demonstrate its conformity to the foreign law
allowing it. Presentation solely of the divorce decree is insufficient. (Garcia vs
Recio; GR 138322)

As noted by the Solicitor General, in Corpuz vs Sto. Tomas, this Court

declared that the recognition of the foreign divorce decree may be made in a Rule
108 proceeding itself, as the object of special proceedings, such as Rule 108, is
precisely to establish the status or right of a party or a particular fact.