There is no doubt that the prior spouse has a personal and material interest in maintaining the integrity of the
marriage he contracted and the property relations arising from it. There is also no doubt that he is interested in the
cancellation of an entry of a bigamous marriage in the civil registry, which compromises the public record of his
marriage. The interest derives from the substantive right of the spouse not only to preserve (or dissolve, in limited
instances) his most intimate human relation, but also to protect his property interests that arise by operation of law
the moment he contracts marriage. These property interests in marriage include the right to be supported "in keeping
with the financial capacity of the family" and preserving the property regime of the marriage.
Property rights are already substantive rights protected by the Constitution, but a spouse's right in a marriage extends
further to relational rights recognized under Title III ("Rights and Obligations between Husband and Wife") of the
Family Code. x x x[34]
On the other hand, in Medina, the Filipino wife and her Japanese husband jointly filed for divorce, which was granted.
Subsequently, she filed a petition before the RTC for judicial recognition of foreign divorce and declaration of capacity
to remarry pursuant to Paragraph 2 of Article 26. The RTC denied the petition on the ground that the foreign divorce
decree and the national law of the alien spouse recognizing his capacity to obtain a divorce decree must be proven in
accordance with Sections 24 and 25 of Rule 132 of the Revised Rules on Evidence. This Court agreed and ruled that,
consistent with Corpuz v. Sto. Tomas, et al.[35] and Garcia v. Recio,[36] the divorce decree and the national law of the
alien spouse must be proven. Instead of dismissing the case, We referred it to the CA for appropriate action including
the reception of evidence to determine and resolve the pertinent factual issues.
There is no compelling reason to deviate from the above-mentioned rulings. When this Court 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, it should not stop short in likewise acknowledging that one of the usual and
necessary consequences of absolute divorce is the right to remarry. Indeed, there is no longer a mutual obligation to
live together and observe fidelity. When the marriage tie is severed and ceased to exist, the civil status and the
domestic relation of the former spouses change as both of them are freed from the marital bond.
The dissent is of the view that, under the nationality principle, Manalo's personal status is subject to Philippine law,
which prohibits absolute divorce. Hence, the divorce decree which she obtained under Japanese law cannot be given
effect, as she is, without dispute, a national not of Japan, but of the Philippines. It is said that a contrary ruling will
subvert not only the intention of the framers of the law, but also that of the Filipino people, as expressed in the
Constitution. The Court is, therefore, bound to respect the prohibition until the legislature deems it fit to lift the same.
We beg to differ.
Paragraph 2 of Article 26 speaks of "a divorce x x x validly obtained abroad by the alien spouse capacitating him or
her to remarry. " Based on a clear and plain reading of the provision, it only requires that there be a divorce validly
obtained abroad. The letter of the law does not demand that the alien spouse should be the one who initiated the
proceeding wherein the divorce decree was granted. It does not distinguish whether the Filipino spouse is the
petitioner or the respondent in the foreign divorce proceeding. The Court is bound by the words of the statute; neither
can We put words in the mouths of the lawmakers.[37] "The legislature is presumed to know the meaning of the words,
to have used words advisedly, and to have expressed its intent by the use of such words as are found in the
statute. Verba legis non est recedendum, or from the words of a statute there should be no departure."[38]
Assuming, for the sake of argument, that the word "obtained" should be interpreted to mean that the divorce
proceeding must be actually initiated by the alien spouse, still, the Court will not follow the letter of the statute when to
do so would depart from the true intent of the legislature or would otherwise yield conclusions inconsistent with the
general purpose of the act.[39] Laws have ends to achieve, and statutes should be so construed as not to defeat but to
carry out such ends and purposes.[40] As held in League of Cities of the Phils., et al. v. COMELEC, et al.:[41]
The legislative intent is not at all times accurately reflected in the manner in which the resulting law is couched. Thus,
applying a verba legis or strictly literal interpretation of a statute may render it meaningless and lead to
inconvenience, an absurd situation or injustice. To obviate this aberration, and bearing in mind the principle that the
intent or the spirit of the law is the law itself, resort should be to the rule that the spirit of the law controls its letter.
To reiterate, the purpose of Paragraph 2 of Article 26 is to avoid the absurd situation where the Filipino spouse
remains married to the alien spouse who, after a foreign divorce decree that is effective in the country where it was
rendered, is no longer married to the Filipino spouse. The provision is a corrective measure to address an anomaly
where the Filipino spouse is tied to the marriage while the foreign spouse is free to marry under the laws of his or her
country.[42] Whether the Filipino spouse initiated the foreign divorce proceeding or not, a favorable decree dissolving
the marriage bond and capacitating his or her alien spouse to remarry will have the same result: the Filipino spouse
will effectively be without a husband or wife. A Filipino who initiated a foreign divorce proceeding is in the same place
and in "like circumstance as a Filipino who is at the receiving end of an 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.