- Petitioner
- Luzviminda Dela Cruz Morisono
- Respondent
- Ryoji Morisono
- Citation
- G.R. No. 226013
- Court
- Supreme Court
- Division
- Second Division
- Ponente
- Perlas-Bernabe, J.
- Decided
- July 2, 2018
Summary
Filipino citizen Luzviminda Dela Cruz Morisono petitioned for recognition of a Japanese divorce decree she obtained with her Japanese husband Ryoji Morisono. The Regional Trial Court denied the petition, ruling that Article 26(2) of the Family Code only applies when the alien spouse initiates the divorce proceedings. The Supreme Court partially granted the petition, applying the landmark Republic v. Manalo doctrine that extended Article 26(2) coverage to divorces initiated by either spouse, regardless of who filed the proceedings. The Court emphasized that the provision aims to avoid the absurd situation where a Filipino remains married while the foreign spouse is legally free. However, the case was remanded to the trial court for Luzviminda to prove the validity of the Japanese divorce under Japanese law. This decision significantly expanded the scope of foreign divorce recognition in the Philippines, establishing that Filipino spouses who initiate foreign divorce proceedings have the same rights as those who are respondents in such proceedings.