Is a valid divorce decree obtained abroad is not automatically recognized in the Philippines?
A foreign divorce decree must be proven, just like any fact, in the Philippine jurisdiction. The proper petition must be filed in court. Philippines Courts do not automatically recognize foreign judgment. It must be proven first. Otherwise, it will presume that said judgment is in accordance with Philippine Law, since divorce is not allowed here.
Which brings to the question of how can the foreign divorce be recognized in the Philippines?
The recognition of a divorce decree obviously requires the existence of a valid divorce decree secured abroad. The divorce decree may be issued pursuant to a “no-fault” (uncontested) or contested proceeding.
A Japanese foreign divorce decree may be issued through judicial or administrative proceedings (e.g., approved by mayor), so long as the divorce decree was secured in accordance with the laws and procedures in that jurisdiction. For instance, one case involved a divorce by agreement which becomes effective by notification, orally or in a document signed by both parties and two or more witnesses of full age, in accordance with the provisions of Family Registration Law of Japan.
The foreign divorce decree may be obtained by a foreigner or a Filipino, so long as the other spouse is a foreigner and the divorce decree capacitates the alien spouse to remarry.
A proper civil action or a Petition for Judicial Recognition of a Foreign Judgment must be filed first at the Regional Trial Court of the Philippines.
The Petition shall prove that divorce is allowed in the country where it was obtained, and the foreign spouse is a national or citizen of that country.
Again, Philippine courts do not take judicial notice of foreign laws and foreign judgments. Therefore, these facts — the divorce decree and the national law of the foreign spouse — must be pleaded and proved like any other fact before trial courts.
The admissibility of official records that are kept in a foreign country requires that it must be accompanied by a certificate from a secretary of an embassy or legation, consul general, consul, vice consul, consular agent or any officer of the foreign service of the Philippines stationed in that foreign country (Rule 132, Section 24 of the Rules of Court).
This is done through the Authentication Certification (or “red-ribbon”) issued by Philippine consuls in the jurisdiction where divorce decree was secured. In certain countries, the authentication may be secured more conveniently through the Apostille.
Thus, in the said Petition, the following documents must be attached:
· Philippine marriage certificate/record if the marriage was in the country or;
· Official marriage certificate/record from the foreign country if the marriage was solemnized abroad;
· Report of Marriage of a Filipino married abroad (if one was filed with the DFA);
· Official copies of the foreign divorce documents;
· Certified true copy of the foreign country's divorce law; and
· Proofs of citizenship.
NOTE: This is only a general list. Depending on the particular foreign country involved, and depending on the particular case, there may be other documents necessary. This is because different countries have different divorce processes and different kinds of marriage and divorce documents.