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)

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;