Art. 26. All marriages solemnized outside the Philippines, in accordance with 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
capacity to remarry under Philippine law.
Paragraph 2 of Article 26 confers jurisdiction on Philippine courts to extend the effect of a foreign divorce decree to a
Filipino spouse without undergoing trial to determine the validity of the dissolution of the marriage. [20] It authorizes our
courts to adopt the effects of a foreign divorce decree precisely because the Philippines does not allow
divorce.[21] Philippine courts cannot try the case on the merits because it is tantamount to trying a divorce
case.[22] Under the principles of comity, our jurisdiction recognizes a valid divorce obtained by a spouse of foreign
nationality, but the legal effects thereof, e.g., on custody, care and support of the children or property relations of the
spouses, must still be determined by our courts.[23]
According to Judge Alicia Sempio-Diy, a member of the Committee, the idea of the amendment is to avoid the absurd
situation of a Filipino as still being married to his or her alien spouse, although the latter is no longer married to the
former because he or she had obtained a divorce abroad that is recognized by his or her national law. [24] The aim was
that it would solve the problem of many Filipino women who, under the New Civil Code, are still considered married to
their alien husbands even after the latter have already validly divorced them under their (the husbands') national laws
and perhaps have already married again.[25]
In 2005, this Court concluded that Paragraph 2 of Article 26 applies to a case where, at the time of the celebration of
the marriage, the parties were Filipino citizens, but later on, one of them acquired foreign citizenship by naturalization,
initiated a divorce proceeding, and obtained a favorable decree. We held in Republic of the Phils. v. Orbecido III:[26]
The jurisprudential answer lies latent in the 1998 case of Quita v. Court of Appeals. In Quita, the parties were, as in
this case, Filipino citizens when they got married. The wife became a naturalized American citizen in 1954 and
obtained a divorce in the same year. The Court therein hinted, by way of obiter dictum, that a Filipino divorced by his
naturalized foreign spouse is no longer married under Philippine law and can thus remarry.
Thus, taking into consideration the legislative intent and applying the rule of reason, we hold that Paragraph 2 of
Article 26 should be interpreted to include cases involving parties who, at the time of the celebration of the marriage
were Filipino citizens, but later on, one of them becomes naturalized as a foreign citizen and obtains a divorce
decree. The Filipino spouse should likewise be allowed to remarry as if the other party were a foreigner at the time of
the solemnization of the marriage. To rule otherwise would be to sanction absurdity and injustice. x x x
If we are to give meaning to the legislative intent to avoid the absurd situation where the Filipino spouse remains
married to the alien spouse who, after obtaining a divorce is no longer married to the Filipino spouse, then the instant
case must be deemed as coming within the contemplation of Paragraph 2 of Article 26.
In view of the foregoing, we state the twin elements for the application of Paragraph 2 of Article 26 as follows:
1.
There is a valid marriage that has been celebrated between a Filipino citizen and a foreigner; and
2.
A valid divorce is obtained abroad by the alien spouse capacitating him or her to remarry.
The reckoning point is not the citizenship of the parties at the time of the celebration of the marriage, but their
citizenship at the time a valid divorce is obtained abroad by the alien spouse capacitating the latter to remarry. [27]
Now, the Court is tasked to resolve whether, under the same provision, a Filipino citizen has the capacity to remarry
under Philippine law after initiating a divorce proceeding abroad and obtaining a favorable judgment against his or her
alien spouse who is capacitated to remarry. Specifically, Manalo pleads for the recognition and enforcement of the
divorce decree rendered by the Japanese court and for the cancellation of the entry of marriage in the local civil
registry "in order that it would not appear anymore that [she] is still married to the said Japanese national who is no
longer her husband or is no longer married to her; [and], in the event that [she] decides to be remarried, she shall not
be bothered and disturbed by said entry of marriage," and to return and to use her maiden surname.
We rule in the affirmative.
Both Dacasin v. Dacasin[28] and Van Dorn[29] already recognized a foreign divorce decree that was initiated and
obtained by the Filipino spouse and extended its legal effects on the issues of child custody and property relation,
respectively.