G.R. No. 249238 , February 27, 2024
REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. RUBY CUEVAS NG A.K.A. RUBY NG SONO, RESPONDENT.

FACTS

Respondent Ruby Ng, a Filipino citizen, married a Japanese national in 2004 and moved to Japan. On August 31, 2007, they obtained a divorce decree by mutual agreement in Japan. On May 28, 2018, Ng filed a Petition for Judicial Recognition of Foreign Divorce and Declaration of Capacity to Remarry before the Regional Trial Court, supported by documents including a Divorce Certificate from the Embassy of Japan, authentication by the Department of Foreign Affairs, and a certified copy of the Family Registry of Japan showing the divorce was recorded. The Regional Trial Court granted the petition, recognizing the divorce and declaring Ng capacitated to remarry. The Republic of the Philippines elevated the case to the Supreme Court, arguing that a divorce by agreement cannot be recognized in the Philippines as it must be decided by a court of competent jurisdiction, and that Ng failed to prove the Japanese law on divorce.

ISSUE

Whether a foreign divorce obtained by mutual agreement (extrajudicially) can be judicially recognized in the Philippines under Article 26(2) of the Family Code, thereby capacitating the Filipino spouse to remarry.

RULING

Yes. The concurring opinion of Justice Leonen, aligning with the ponencia, held that Article 26(2) of the Family Code covers all valid foreign divorces, including those obtained by mutual consent, provided they are valid under the foreign law. The law requires only that the divorce be “validly obtained abroad by the alien spouse.” Imposing an additional requirement that the divorce must be a judicial decree amounts to judicial legislation. The rationale from Republic v. Manalo applies: to avoid the unjust situation where a Filipino remains married to a foreigner who is already free to remarry. The lack of a specific procedural rule for recognizing extrajudicial divorces does not negate the substantive right; procedural rules must give way to substantive law. Concerns about collusion or circumvention of Philippine public policy against absolute divorce are addressed by the existing judicial process for recognition, which ensures foreign divorces are sufficiently proven. Granting this capacity to the Filipino spouse is consistent with constitutional mandates on human dignity, equality, and respect for human rights.