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Amendments to Rule 39, Rule 131, and Rule 132 of the Rules of Court in Relation to Foreign Divorces (Re: Proposed Rule on Recognition of Foreign Divorce or Judgment of Nullity or Annulment of Marriage)
A.M. No. 25-03-14-SC · 2026 · Supreme Court rules and administrative resolutions — 2026 official updates
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DIGITAL P. 2 / 6
Resolution 2 A.M. No. 25-03-14-SC
October 7, 2026
WHEREAS, Associate Justice Alfredo Benjamin S. Caguioa
subsequently joined the Sub-TWG meetings to support its efforts, particularly
by assisting the Sub-TWG in navigating the myriad of legal requirements
contained in the Civil Code, Family Code, Civil Registration Laws, the Rules
of Court, and relevant jurisprudence;
WHEREAS, upon the suggestion of Justice Caguioa, the
representatives of the Department of Foreign Affairs (DF A), the Philippine
Statistics Authority (PSA), the Office of the Solicitor General, and the Office
of the Local Civil Registrar of Manila were invited as resource persons of the
Sub-TWG in view of their administrative and institutional roles in matters
involving the recognition of foreign divorces and/or change in one's civil
status;
WHEREAS, during several meetings held by the Sub-TWG with the
DFA, it was noted that obtaining authenticated copies of foreign laws on
divorce proved challenging because (i) there is difficulty in compiling the
foreign laws on marriage, especially where family law is scattered across
several jurisdictions; (ii) there is often no official custodian authorized to
certify the foreign law; and (iii) providing an English translatiori of foreign
law is not a function of the foreign ministry;
WHEREAS, on July 1, 2026, the Court, through a resolution in A.M.
No. 26~06-42-SC, approved the Memorandum of Agreement among the
TWG, the Office of the Court Administrator (OCA), and the DFA for the
establishment of a central repository of updated and authenticated foreign
laws on divorce and nullity or annulment of marriage;
WHEREAS, Justice Caguioa later surfaced the fact that the Philippines
and the Vatican are the only countries in the world whose laws do not allow
absolute divorce. Consequently, almost all foreign divorce decrees presented
in court for judicial recognition would likely be issued pursuant to foreign
laws which allow absolute divorce;
WHEREAS, based on a l,etter addressed by Justice Caguioa to the
Court, the Court saw the need to amend the Rules of Court to make it easier
for the Filipino spouse to be able to assert the right granted under Article 26(2)
of the Family Code by reducing the difficulty in obtaining proof of foreign.
law and mitigating the time, effort, and resources required to prove the
applicable foreign law;
WHEREAS, based on the same letter, the Court saw that there is also
a need to amend the Rules on Evidence in order to recognize the
admissibility and probative value of foreign laws that are included in OCA's
repository;
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