a. Galapon vs. Republic, GR. No.

243722; January 22, 2020

b. Doctrine

Recognition of Divorce obtained abroad by a foreign spouse under

Article 26 par. 2 of the Family Code

c. Case Title

Galapon vs. Republic, GR. No. 243722; January 22, 2020

d. Facts

Cynthia Galapon, a Filipino citizen, and Noh Shik Park, a South

Korean national, got married in Manila, but divorced by mutual
agreement in South Korea. Petitioner alleged that Park intended to
marry his former girlfriend, thus he threatened Cynthia’s life and forced
her to agree to the divorce.

Cynthia filed before the RTC of Santo Domingo, Nueva Ecija, a

Petition for the Judicial Recognition of a Foreign Divorce, in which the
case was ordered to be heard and its notice was published in The Daily
Tribune once per week for three consecutive weeks.

The RTC granted the Recognition Petition but the CA did not grant
the absolute divorce since it was through a mutual agreement and not
initiated by the foreign spouse as stated in Article 26(2) of the Family
Code.
e. Issue/s

Whether or not the Court of appeals erred in denying the recognition

of the divorce decree obtained by Cynthia and her foreign spouse?

f. Held

YES. The Supreme Court held that under Article 26 of the Family
Code, All marriages solemnized outside the Philippines, by the laws in
force in the country where they were solemnized, and valid there as
such, shall also be valid in this country, except those prohibited under
Articles 35 (1), (4), (5) and (6), 36, 37 and 38.

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
likewise have the capacity to remarry under Philippine Law.

WHEREFORE, premises considered, the Petition is GRANTED. The

Decision dated February 27, 2017, and Resolution dated September 29,
2017, rendered by the Court of Appeals, Eleventh Division and Former
Eleventh Division, respectively, in CA-G.R. CV No. 106950 are
REVERSED and SET ASIDE.

Accordingly, the Decision dated July 3, 2015, issued by the Regional

Trial Court of Sto. Domingo, Nueva Ecija, Branch 88 in Special
Proceedings No. SD (14)-417 is REINSTATED. By virtue of Article 26,
paragraph 2 of the Family Code and the Certification of the Cheongju
Local Court dated July 16, 2012, petitioner Cynthia A. Galapon is
declared capacitated to remarry under Philippine law.
SO ORDERED.