The Supreme Court approves amendments to the Rules of Court to make it easier for Filipino spouses to seek recognition in the Philippines of a foreign divorce. Under the updated approach, petitioners face a lighter evidentiary burden when establishing that the divorce occurred and should be given effect domestically.
The changes are tied to amendments initiated in the Court’s en banc session. Outlets report that the amendments focus on Section 48 of Rule 39 and the effect of judgments or orders issued under foreign laws. One consistent difference across coverage is the removal of the need for petitioners to independently prove the specific foreign law applicable to their case. Instead, petitioners are expected to show that a divorce decree or order was issued in the foreign jurisdiction.
The outlets agree the move is intended to streamline the recognition process, while still requiring proof that the foreign divorce itself exists.
