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June 1, 2022

Supreme Court Decisions


What must be done before a foreign divorce decree can be recognized by our courts?


 

Before a foreign divorce decree can be recognized by our courts, the party pleading it must prove the divorce as a fact and demonstrate its conformity to the foreign law allowing it.

 

Republic vs. Manalo, G.R. No. 221029], April 24, 2018 , [862 SCRA 580]

 

 

 

 

 


Can a Filipino spouse remarry after being divorced by a foreign spouse?


 

Although the Supreme Court has already laid down the rule regarding foreign divorce involving Filipino citizens, the Filipino spouse who likewise benefits from the effects of the divorce cannot automatically remarry. Before the divorced Filipino spouse can remarry, he or she must file a petition for judicial recognition of the foreign divorce.

 

Republic vs. Cote, G.R. No. 212860, March 14, 2018, [859 SCRA 98]

 

 

 

 


Is an absolute divorce recognized in the Philippines?


 

Philippines’ family laws do not recognize absolute divorce between Filipino husbands and wives.

Such fact, however, do not prevent family courts from recognizing divorce decrees procured abroad by an alien spouse who is married to a Filipino citizen.

 

Republic vs. Cote, G.R. No. 212860, March 14, 2018, [859 SCRA 98]

 

 

 

 

 


What is litis pendentia?


 

Litis pendentia, as a ground for the dismissal of a civil action, refers to that situation wherein another action is pending, between the same parties for the same cause of action, such that the second action becomes unnecessary and vexatious.

 

Pfleider vs. Court of Appeals, G.R. No. 196058, November 12, 2018, [885 SCRA 209]

 

 

 

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