LEONARDO-DE CASTROVELASCO Versus MARELYN TANEDO MANALO - Synopsis
Jay Francisco 23 Nov 2018

Philippine courts now recognize divorce obtained by Filipino from foreign spouse

In the case of Marelyn Tanedo Manalo, the Supreme Court noted Article 26 (2) of the Family Code which provides that "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 the capacity to remarry under Philippine law."

In the case at hand, a lower court had ruled that the above-stated provision of the Family Code did not apply in the case because it was the Filipino spouse that initiated the divorce.

But the Court of Appeals overturned the decision, holding that Article 26 of the Family Code applies even if it was the Filipino spouse who filed for divorce against the foreign spouse because the decree obtained makes the foreigner no longer married to the Filipino, enabling the foreigner to remarry.

The appellate court held that it would be unjust to consider the Filipino still married to the foreigner who is no longer considered married to the Filipino.

The Supreme Court sustained the appellate court's ruling.
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