Supreme Court loosens proof requirements for recognizing foreign divorces involving Filipinos
The Philippine Supreme Court has amended the rules so parties no longer must prove the specific foreign law when seeking local recognition of a divorce granted abroad.
In an en banc session, the Court approved changes to Section 48 of Rule 39 of the Rules of Court. The revision removes the obligation to identify the exact foreign statute applicable to a divorce case. Applicants now only need to demonstrate that a foreign divorce was obtained. This streamlines the process for Filipinos married to non-Filipinos who have divorced overseas.
Why it matters
It makes it easier for Filipinos married to foreigners to have overseas divorces recognized at home.
How the sides frame it
HIGH AGREEMENTBoth camps report the Supreme Court’s amendment that relaxes proof requirements for recognizing foreign divorces, with no substantive differences in coverage.
LEFT
Highlights that the change streamlines the process by removing the need to identify the exact foreign statute.
CENTER
Emphasizes that the amendment makes it easier for Filipino spouses to prove a foreign divorce, noting the difficulty previously faced by overseas Filipino workers.
The left emphasises
- removal of the obligation to identify the exact foreign statute
- applicants only need to demonstrate that a foreign divorce was obtained
- process is streamlined for Filipinos married to non-Filipinos
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