Case Summary (G.R. No. 224548)
Marriage and Divorce History
Marlyn and Akira married on July 29, 1997 in Tokyo, Japan, duly reported to the Philippine Embassy and registered with Manila’s Local Civil Registry. They had one child, Shin Ito. By mutual agreement, they obtained a divorce decree in Japan on November 16, 2009, evidenced by a Divorce Certificate and Acceptance Certificate issued by Japanese authorities and authenticated for Philippine use.
Procedural Posture
In 2014, Marlyn filed a petition in the Regional Trial Court (RTC), Branch 43, Manila, for recognition of the foreign divorce and cancellation of her Philippine marriage entry. She prayed for dissolution of marriage under Article 26(2) of the Family Code, capacity to remarry, and registration of the Japanese divorce. The Office of the Solicitor General intervened, but neither Akira nor the Republic presented evidence against her petition.
RTC Ruling
On January 21, 2016, the RTC denied recognition, relying on Article 17 of the New Civil Code (policy of non‐recognition of divorce) and a restrictive reading of Article 26(2) of the Family Code. It held that a Filipino spouse who actively participated in procuring the divorce cannot invoke the remedial provision allowing remarriage.
Issue Before the Supreme Court
Whether Article 26(2) of the 1987 Constitution-based Family Code applies only when the alien spouse obtained the divorce, or also when the divorce was mutually or exclusively initiated by the Filipino spouse.
Applicable Law
1987 Constitution; Family Code, Article 26(2) – “Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have the capacity to remarry under Philippine law.”
Supreme Court’s Analysis
The Court recognized a pure question of law warranting direct appeal. Citing Republic v. Manalo (G.R. No. 221029, April 24 , 2018), it held that Article 26(2) requires only a valid foreign divorce capable of freeing the alien to remarry; it imposes no limitation on who initiated the proceeding. The statute’s plain language disallows reading in a nationality-based restriction. Denying recognition because the Fili
...continue readingCase Syllabus (G.R. No. 224548)
Facts
- Petitioner Marlyn Monton Nullada, a Filipino citizen, married Japanese national Akira Ito on July 29, 1997 in Katsushika-ku, Tokyo, Japan, as shown by a Report of Marriage issued by the Philippine Embassy in Tokyo and duly registered with the Local Civil Registry of Manila and the National Statistics Office.
- The marriage produced one child, Shin Ito.
- The spouses later “mutually agreed” to dissolve their marriage and obtained a divorce decree in Japan on November 16, 2009.
- A Divorce Certificate (Cert. No. IB12-08573-12) was issued by the Embassy of Japan in the Philippines, based on the Official Family Register of Katsushika-ku, Tokyo.
- An Acceptance Certificate from the Head of Katsushika-ku, in English translation, confirmed the spouses’ assent to the divorce.
Procedural History
- In 2014, Marlyn filed a petition under Rule 108 of the Rules of Court, in relation to Article 26 of the Family Code, for recognition of the Japanese divorce, cancellation of her marriage entry in Manila, registration of the foreign decree, and declaration of her capacity to remarry.
- The Regional Trial Court (RTC), Branch 43, Manila, found the petition in due form, ordered publication of summons, and required service on the Office of the Solicitor General (OSG) and the Manila City Prosecutor.
- The OSG appeared for the Republic; no answer was filed by Akira Ito; no evidence was offered by the Republic.
- During trial, Marlyn identified and offered: Exhibit “H” (Report of Marriage) and its authentication (H-1); Exhibit “J” (Divorce Certificate) and its authentication (J-1); Exhibit “L” (Acceptance Certificate); Exhibit “M” (Japanese Civil Code excerpts); and her Judicial Affidavit (N, N-1). Mary Ann Chico of the Local Civil Registry testified to the originals.
- On January 21, 2016,