Dear Atty. Angela,

I was a caregiver abroad and I married a Hong Kong national but eventually our marriage turned sour and my husband obtained a decree of divorce against me in Hong Kong. The District Court of Hong Kong Special Administrative Region set the pronouncement of the Decree Nisi of Divorce and thereafter, issued a Decree approving the application. In 2019, a Decree dissolving our marriage was subsequently issued. I want to have our divorce recognized in the Philippines. Will the presentation in court of the Decree dissolving our marriage be sufficient for our country to recognize that I am already divorced? Please help.

Sophia

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Dear Sophia,

Unfortunately, the presentation of a Divorce Decree alone will not suffice. Jurisprudence has set guidelines before the Philippine courts could recognize a foreign judgment relating to the status of a marriage where one of the parties is a citizen of a foreign country. The fact of divorce must first be proven. Before a foreign divorce decree can be recognized by our courts, the party pleading it must prove the divorce as a fact and demonstrate its conformity to the foreign law allowing it. (Republic v. Manalo, G.R. 221029, 24 April 2018)

Glaringly missing here is evidence of the law of Hong Kong showing that it actually allows divorce. Similarly missing is the certificate issued by any of the foreign service officers of the Philippines in Hong Kong mentioned in Section 24 of Rule 132, attesting to the authenticity of the documents presented by the witness, considering that the same was issued in Hong Kong and the related files are kept therein.

Take note that without the Divorce Law of Hong Kong and without the Certificate issued by a foreign service officer of the Philippines in Hong Kong attesting to the authenticity of the exhibits presented in support of the Petition, the same falls short of the requisites imposed by law.

In order for divorce obtained abroad by the alien spouse to be recognized in our jurisdiction, it must be shown that the divorce decree is valid according to the national law of the foreigner. Both the divorce decree and the governing personal law of the alien spouse who obtained the divorce must be proven. Since our courts do not take judicial notice of foreign laws and judgment, our law on evidence requires that both the divorce decree and the national law of the alien must be alleged and proven like any other fact." (Medina v. Michiyuki Koike, G.R. 215723, 27 July 2016)