29/04/2026
OSG: Petition for Recognition of Foreign Divorce Not Covered by Article 26(2), Family Code |
The Supreme Court is currently conducting oral arguments on a petition involving the judicial* recognition of a foreign divorce.
The case involves a petition for recognition of a foreign divorce obtained by a Filipino. Notably, both parties were Filipinos at the time of the marriage. Thus, the governing rule is Article 17, paragraph 3 of the Civil Code, in relation to Article 15 of the same Code.
However, during the pendency of the case, the petitioner became a United States citizen and subsequently reacquired Philippine citizenship.
Observe in the comment section the arguments of the Office of the Solicitor General (OSG) as to why the present petition does not fall within the ambit of Article 26, paragraph 2 of the Family Code; hence, the petition should be dismissed
FOOTNOTES
Article 1, Family Code
Article 26, paragraph 2, Family Code
Article 15, Civil Code
Article 17, paragraph 3, Civil Code
📸 Photo courtesy of Supreme Court Ph/fbpages