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 3 A.M. No. 25-03-14-SC October 7, 2026 NOW, THEREFORE, acting on the recommendation of Associate Justice Alfredo Benjamin S. Caguiioa, in consultation with Associate Justices Amy C. Lazaro-Javier and Jhosep Y. Lopez, and the Sub-TWG, the Court, sitting en bane, resolves to APPROVE the Amendments to Rule 39, Rule 131, and Rule 132 of the Rules of Court in Relation to Foreign Divorces, as follows: :RULE 39 Execution, Satisfaction and Effect of Judgments • SECTION 48-A. Effect of foreign divorces . •_, A foreign divorce between a Filipino and a foreigner, without restriction or qualification, issued by a tribunal or administrative authority, of a foreign country, having jurisdiction or authority to render or grant the same, is presumptive evidence that the foreign spouse is capacitated by the divorce to remarry under the applicable foreign law. If the said divorce is in an unofficial language but is accompanied by a transl:ation into English duly issued by and attested to under oath as correct by a translator, such translation shall be presumed to be a true and correct translation of the sam.e. This presumption may be controverted by the adverse party through a contrary translation. • Both the presump1tion of capacity to remarry and the correctness of the English translation may be controverted as provided in the Rules of Evidence. The divorce may be repelled by evidence of want of jurisdiction, want of no1ice to the party, fraud, or clear mistake of law or fact. (Amendments in boldface and underscored) RULE 131 Burden ofProof Burden of Evidence and Presumptions