Judicial Recognition of Foreign Divorce
There is no divorce in the Philippines, but when a divorce is validly obtained abroad by an alien spouse from his or her Filipino spouse, the Filipino spouse shall have the capacity to remarry under Philippine law. However, the divorce obtained abroad must be passed upon judicially by a Philippine court to prove its validity before the Filipino spouse can remarry under Philippine law.
The decision of the Philippine Court shall become the basis for the annotation of civil registry documents.
The following guidelines shall be followed in the annotation of the foreign-issued divorce decree with the Office of the Civil Registrar General in the Philippines:
- The foreign divorce decree must be judicially enforced or confirmed in the Philippines by filing the proper civil action at the Regional Trial Court in the Philippines (RTC-Phil).
- The court decision shall be registered in the Local Civil Registry Office (LCRO) where the concerned RTC-Phil functions.
- The registered document shall be submitted to the Local Civil Registrar where the marriage is registered. If the marriage was registered overseas, the registered document shall be submitted to the City Civil Registry Office at the Manila City Hall (CCRO Manila).
- The following documents shall be submitted to CCRO Manila in annotating a civil registry document:
- Original or Certified True Copy of the foreign judgment or order duly registered at the City Civil Registry Office at the Manila City Hall (CCRO Manila).
- Original or Certified True Copy of the Certificate of Finality of the decision of Regional Trial Court (RTC-Phil).
- Certificate of Registration of the decision of Regional Trial Court (RTC-Phil) at the Local Civil Registry Office (LCRO) where the concerned RTC-Phil functions.
- After the annotation at the Local Civil Registrar’s Office (LCRO), the annotated documents and its requirements must be submitted to the Office of the Civil Registrar-General (OCRG) in Manila.
NOTE: All documents sourced or obtained in Japan and intended for use and submission to Philippine authorities must undergo consular authentication at the Philippine Embassy in Tokyo or the Philippine Consulate General in Osaka through verification of the seal and signature of a duly appointed official of the Japanese Ministry of Foreign Affairs (Gaimusho).
More information about the legal procedures or hiring the services of a lawyer in the Philippines may be obtained from the Integrated Bar of the Philippines (IBP) or the Public Attorneys’ Office (PAO) in Manila.
INTEGRATED BAR OF THE PHILIPPINES (IBP)
No. 15 Julia Vargas Avenue
Ortigas Center, Pasig City
Metro Manila, Philippines.
Tel: (+63-2) 631-3014 or 631-3018
Email: ibp_national@NOSPAMyahoo.com or tech@NOSPAMibp.ph
PUBLIC ATTORNEY’S OFFICE (PAO)
4th and 5th Floors
DOJ Agencies Building
NIA Road corner East Avenue
Diliman, Quezon City
Metro Manila, Philippines.
Tel: (+63-2) 929-9436