Older Cases on divorces obtained from foreign courts by alien

spouses
Case: Van Dorn v. Romillo, Jr.
Date: Oct. 8, 1985
Ruling: Where an alien spouse obtains a divorce decree from a foreign
court, he cannot claim the exercise of marital rights and subsequently
invoke the prohibitive laws of the Philippines to prejudice their Filipino
spouse. Where the national laws of the alien spouse thus declare that
he is not married, he may not invoke marital rights in the Philippine
Islands.
Case: Garcia v. Recio
Date: Oct. 2, 2001
Ruling: Article 26 of the Family Code recognizes the right of a Filipino
spouse to remarry where their alien spouse has procured a divorce
decree from a foreign court. However the right may only be invoked
when the person who raises the petition before our court proves the
right granted by such foreign laws to them as nationals. And while
divorce may be recognized, the right of remarriage is not absolute and
must also be proven.
Case: Republic v. Orbecido
Date: Oct. 5, 2005
Ruling: The laws which determine the right to obtain a divorce decree
are not the national laws of the spouses of the time of the marriage,
but rather the national law of the spouses at the time that the divorce
decree is obtained. Thus where two Filipinos marry and one of them
subsequently acquires a different nationality by virtue of a change in
citizenship, the now foreign spouse may invoke such newly vested
rights.
Latest Jurisprudece on Art. 26, Family Code
Case Title: San Luis v. San Luis
Date: Feb. 6, 2007
Ruling: Where a marriage was contracted prior to the effectivity and
general existence of the Family Code, and a foreign spouse obtains a
divorce decree, cannot be given standing to invoke marital rights
where it is he or she who obtained the decree that dissolved the
marriage, as the national law of said alien states that he or she is not
married, thus belying the claim to exercise marital right.
Case Title: Corpuz v. Sto. Tomas

Date: Aug. 11, 2010

Ruling: Art. 26 of the Family Code capacitating a Filipino spouses to
once again marry once their other spouse has obtained a divorce
decree does not create a right on the part of the foreigner spouse. The
legislative intent is to circumvent the unfair situation where Filipino
spouse is bound to a marriage wherein a foreigner spouse may marry
another by virtue of a divorce decree obtained abroad. The right thus
clearly pertains to the Filipino spouse. However, where a divorce
decree is validly procured in accordance with the alien spouses
national law, it may be still be given effect if the alien spouse who
petitioned for the recognition of the divorce be joined by the Filipino
spouse in his or her petition. Also, the mere existence of a foreign
judgment does not in itself authorize the cancellation of an entry of
marriage. The same must first be recognized by local courts, which
may be done thru Rule 108 of the Rules of Court to be given
presumptive evidence of right in accordance with Rule 39 in
accordance with the same
Case Title: Fujiki v. Marinay
Date: June 26, 2013
Ruling: The recognition of a foreign judgment relating to divorce need
not be proved under A.M. No. 02-11-10-SC, but instead may be proved
under Rule 132 of the Rules of Court. To hold trial under the said
circular would require full blown litigation, which defeats the purpose of
the recognition of foreign judgments to limit repetitive litigation on
claims and issues. Foreign judgments must first be proved, of course,
in order to ascertain whether such judgment was issued in accordance
with domestic policy. Notwithstanding, Philippines courts may only
recognize such judgments on divorce as fact, since they cannot be
presumed to be knowledgeable in foreign laws. Foreign divorce
decrees, however, merely have for their purpose the recognition of
foreign judments which once proven as facts, must be given due
course in order to avail of the Filipino spouse the right as declared in
Article 26 of the Family Code. Once the same is proved, the Civil
Registrar must amend the pertinent information on the persons
concerned as a matter of right, the dissolution of the marriage having
been recognized by our courts.