Marlyn Monton Nullada v. The Hon. Civil Registrar of Manila

Summary

This case involves Marlyn Nullada, a Filipino citizen, seeking recognition in the Philippines of a divorce decree she obtained by mutual agreement with her Japanese husband Akira Ito in Japan in 2009. The RTC Manila denied her petition, ruling that since she actively participated in obtaining the divorce, she could not benefit from Article 26 of the Family Code which allows Filipino spouses to remarry after their foreign spouse validly obtains divorce. The Supreme Court reversed this decision, clarifying that Article 26 does not distinguish whether the Filipino spouse initiated the divorce proceedings or not. The Court applied its ruling in Republic v. Manalo, emphasizing that the provision only requires a validly obtained foreign divorce that capacitates the alien spouse to remarry. The purpose is to prevent the absurd situation where the Filipino remains married while the foreign spouse is free to remarry. However, the SC remanded the case because petitioner failed to sufficiently prove Japanese divorce law as required by the Rules of Evidence. This decision establishes important precedent on the liberal interpretation of Article 26 of the Family Code.