4/6/2021 E-Library - Information At Your Fingertips: Printer Friendly alien initiated proceeding. Therefore, the subject provision should not make a distinction. In both instance, it is extended as a means to recognize the residual effect of the foreign divorce decree on Filipinos whose marital ties to their alien spouses are severed by operation of the latter's national law.[40] (Emphasis supplied; italics in the original) Pursuant to the majority ruling in Manalo, Article 26(2) applies to mixed marriages where the divorce decree is: (i) obtained by the foreign spouse; (ii) obtained jointly by the Filipino and foreign spouse; and (iii) obtained solely by the Filipino spouse. Based on the records, Cynthia and Park obtained a divorce decree by mutual agreement under the laws of South Korea. The sufficiency of the evidence presented by Cynthia to prove the issuance of said divorce decree and the governing national law of her husband Park was not put in issue. In fact, the CA considered said evidence sufficient to establish the authenticity and validity of the divorce in question: x x x [T]he records show that [Cynthia] submitted, inter alia, the original and translated foreign divorce decree, as well as the required certificates proving its authenticity. She also offered into evidence a copy of the Korean Civil Code, duly authenticated through a Letter of Confirmation with Registry No. 2013-020871, issued by the Embassy of the Republic of Korea in the Philippines. These pieces of evidence may have been sufficient to establish the authenticity and validity of the divorce obtained by the estranged couple abroad but [the CA agrees] with the OSG that the divorce cannot be recognized in this jurisdiction insofar as [Cynthia] is concerned since it was obtained by mutual agreement of a foreign spouse and a Filipino spouse.[41] (Emphasis and underscoring supplied) In this light, it becomes unnecessary to delve into the admissibility and probative value of Abigail's testimony claiming that Cynthia had been constrained to consent to the divorce. As confirmed by Manalo, the divorce decree obtained by Park, with or without Cynthia's conformity, falls within the scope of Article 26(2) and merits recognition in this jurisdiction. 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. Peralta, C.J. (Chairperson), J. Reyes, Jr., Lazaro-Javier, and Lopez, JJ., concur. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65987 8/10