Ex-law dean wants SC to recognize foreign divorce between 2 Pinoys

Former Far Eastern University law dean Mel Sta. Maria, as amicus curiae, on Tuesday pushed for the recognition of foreign divorce between two Filipinos, saying the current policy mirrors a colonial mentality that discriminates against them.

During the resumption of the oral arguments on foreign divorce, Sta. Maria said that the policy “borders on racism, is xenocentric, and mirrors a colonial mentality where the natives have less rights.”

“If they want to have more rights, they have to associate themselves with a foreigner. It is so deleterious to our culture and our tradition, your honor. This is discriminatory. It is—nothing is more obnoxious than that,” he said.

Sta. Maria is referring to Article 26(2) of the Family Code, which states that a marriage between a Filipino and a foreigner is validly celebrated; and if a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.

“The right comparator is Filipinos with privilege and Filipinos with no privilege. Why do you distinguish? Why is it your honor that the only magic for recognizing a marriage is the presence of a foreigner?” he said.

“That is unpatriotic, your honor,” he added. 

The case involves a Filipino who became an American citizen. He later regained his Filipino citizenship and filed for divorce while abroad. 

According to Sta. Maria the petition recognition may be granted under Rule 39, Section 48 of the Rules of Court, which covers the effect of foreign judgments or final orders.

For University of the Philippines College of Law Professor Elizabeth Aguiling-Pangalangan, there is no manifest incompatibility as there is no law that states that divorce will not be allowed.

“We just have no law on divorce. So even if the court recognizes foreign divorce, it will not be a violation of public policy. So I believe that it is time that such be recognized,” she said.

Meanwhile, former UST Graduate School of Law Dean Maria Liza Lopez-Rosario said she believes the petition should not be granted and that his case should be remanded to a trial court.

“To give petitioner another opportunity, case may be remanded to the lower court to allow petitioner to prove whether the Decree of Divorce he obtained before he became a naturalized American citizen, is recognized by his American National Law, capacitating him to remarry,” she said.

For their part, the office of the Solicitor General said that the petition should be dismissed, citing factual issues and a violation of the hierarchy of courts.

“There are so many factors that lead to the dismissal of this petition because it involves factual issues, it went straight to the Supreme Court, violating the hierarchy of courts,” Solicitor General Darlene Berberabe said.

Berberabe also submitted that the petitioner did not have “clean hands.”

“It might be important to highlight that the petitioner has already filed a petition to declare their marriage null and void, but the Court has already denied it. And after that, went to the US and filed for divorce,” she said.

“So on many counts your honor, it is our submission that this petition should be dismissed,” she added.

The next hearing will be on July 14. — BM, GMA News