- Petitioner
- Raemark S. Abel
- Respondent
- Mindy P. Rule
- Citation
- G.R. No. 234457
- Court
- Supreme Court
- Division
- Third Division
- Ponente
- Leonen, J.
- Decided
- May 12, 2021
Summary
This case involves recognition of a foreign divorce decree jointly obtained by a Filipino and alien spouse. Abel (US citizen) and Rule (Filipino) married in Los Angeles in 2005 and jointly filed for divorce in California in 2008, which was granted in 2009. Abel later reacquired Filipino citizenship while Rule became a US citizen. When Abel sought recognition of the divorce in the Philippines, the RTC dismissed his petition, ruling that joint filing violated Article 26(2) of the Family Code which only allows recognition of divorce obtained by the alien spouse. The Supreme Court reversed, holding that Article 26(2) does not require the alien spouse to solely obtain the divorce, only that it be validly obtained abroad. The Court applied Republic v. Manalo, emphasizing constitutional equality between men and women and noting that joint divorce proceedings are legitimate in some foreign jurisdictions. The decision eliminates discrimination and recognizes the reality of modern divorce procedures abroad.