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 4 A.M. No. 25-03-14-SC October 7, 2026 SECTION 3. Disputable presumptions. - The following presumptions are satisfactory if uncontradicted, but may be contradicted and overcome by other evidence: (ll) That a foreign divorce between a Filipino and a foreigner, without restriction or qualification, capacitates the foreign spouse to remarry under the applicable foreign law. (Amendments in boldface and underscored) RULE 132 Presentation of Evidence B. AUTHENTICATION AND PROOF OF DOCUMENTS SECTION 24. Proof of official record. - The record of public documents referred to in paragraph ( a) of Section 19, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by his or her deputy, and accompanied, if the record is not kept in the Philippines, with a certificate that such officer has the custody. If the office in which the record is kept is in a foreign country, which is a contracting party to a treaty or convention to which the Philippines is also a party, or considered a public document under such treaty or convention pursuant to paragraph ( c) of Section 19 hereof, the certificate or its equivalent shall be in the form prescribed by such treaty or convention, subject to reciprocity granted to public documents originating from the Philippines. For documents ong1nating from a foreign country which is not a contracting party to a treaty or convention