A L aw Each Day

Friday, September 16, 2022

Flimsy Reason

This is another case of foreign divorce that is recognized here. The main question
resolved here is whether a foreign divorce by mutual consent between the
Filipina spouse and her foreign spouse maybe recognized in this jurisdiction. This
is the case of Nida and Yoshida.

Nida, a Filipina and Yoshida, a Japanese national, have been married for twelve
years when they eventually parted ways. Not long after, Yoshida even begot a
child with another woman prompting him to ask for divorce from Nida. Initially
Nida was averse to Yoshida’s idea. But after his relentless prodding, Nida relented
and agreed to sign the divorce papers. So, Nida and Yoshida were issued a divorce
decree which was duly recorded in the Family Register of the Japanese City where
they reside, as well as a Receiving Certificate stating that their Divorce Decree was
duly reported in said office.

Subsequently, Nida filed before the RTC a Petition for Recognition of Divorce to
be able to remarry where she presented as her evidence, the documents issued
by the Japanese Office.

The Republic of the Philippines through the Office of the Solicitor General (OSG)
sought the dismissal of the Petition mainly arguing that a consensual or mutual
divorce such as the divorce obtained by Nida is not contemplated by Article 26 of
the Family Code; hence it cannot be recognized by the Philippine Courts.

But the RTC granted Nida’s Petition. The RTC found that Nida was able to comply
with all the requirements of Article 26 and rejected the argument of the OSG. On
appeal, the Court of Appeals (CA) reversed the RTC decision ruling that a divorce
by mutual consent of the parties cannot be recognized in the jurisdiction as
contended by the OSG. Was the CA correct?

The Supreme Court (SC) said no. The SC ruled that to follow the OSG
interpretation, Nida would sadly remain in limbo-a divorced who cannot legally
remarry. This is the dire situation of most of our Kababayans in unsuccessful
marriages since, more often than not, their divorces abroad are obtained through
mutual agreements. More appalling here is that those whose divorce end up
getting rejected by Philippine Courts for such a flimsy reason would still be
considered as engaging in extra-marital affairs in the eyes of the Philippine law if
ever they choose to move on with their lives and enter into another relationship
like their foreign spouse. Worse, their children in the subsequent relationship
would be considered illegitimate. Contrary to the posture of the OSG therefore
the CA correctly held that the divorce obtained by Nida abroad against her foreign
husband, whether at their behest or consent, may be recognized as valid in this
jurisdiction so long as it complies with the documentary requirements under the
Rules of Court (Basa-Egami vs. Bersales etc. et.al. G.R No.249410, July 16, 2022).