G.R. No. 234457 - Abel vs. Rule

Petitioner Raemark S. Abel (then a U.S. citizen) and respondent Mindy P. Rule (Filipino citizen) married on December 18, 2005 in Los Angeles, California; they acquired no community assets or liabilities and had no children.
On November 18, 2008, both spouses jointly filed a Petition for Summary Dissolution of Marriage in the Superior Court of California; they timely filed within five years of marriage, waived appeal rights, new‐trial motions, and spousal support; the court dissolved their marriage on July 31, 2009, and Abel received the judgment seven days later.

Abel reacquired Philippine citizenship on December 3, 2008, becoming a dual Filipino–U.S. citizen; Rule naturalized as a U.S. citizen on September 21, 2012.
On January 10, 2017, the authenticated California divorce decree was recorded with the City Civil Registry Office of Manila.

Abel filed a Petition for Recognition of Foreign Divorce and Correction of Civil Entry before the Manila RTC; the court required publication in a newspaper for three consecutive weeks.
The Office of the Solicitor General (OSG) opposed, arguing the divorce was jointly obtained (not “by the alien spouse” alone) in violation of Article 26(2) of the Family Code and Philippine public policy; on July 5, 2017, the RTC dismissed the petition and on September 6, 2017, denied Abel’s motion for reconsideration.

Abel filed a Petition for Review on Certiorari under Rule 45, contending Article 26(2) does not require sole initiation by the alien spouse and that legislative intent and comity support recognition; Rule submitted a Letter‐Explanation expressing no objection.
The Republic (through the OSG) reiterated that Philippine policy bars recognition of absolute divorce except where “obtained by the alien spouse,” and that joint petitions offend public policy and equality principles.

Whether a divorce decree jointly obtained by a Filipino spouse and their alien spouse abroad can be judicially recognized in the Philippines under Article 26(2) of the Family Code.