The Supreme Court (SC) En Banc, during its session on October 7, 2026, acted on:
A.M. No. 25-03-14-SC, Re: Amendment of the Rules of Court in Relation to Foreign Divorces
The SC approved amendments to the Rules of Court (A.M. No. 25-03-14-SC) to make it easier for Filipino spouses to prove a foreign divorce when seeking its recognition in Philippine courts.
The amendments were approved upon the recommendation of Associate Justice Alfredo Benjamin S. Caguioa, and in consultation with Associate Justices Amy C. Lazaro-Javier and Jhosep Y. Lopez, and the Sub-Technical Working Group on the Concerns of Overseas Working Filipinos Regarding the Recognition of Foreign Divorce Decrees/Reports (Sub-TWG).
The amendments take effect 15 days after they are posted on the SC website.
Under the amendments, Filipino spouses seeking recognition of a foreign divorce under Article 26(2) of the Family Code will no longer need to prove the applicable foreign law when filing their petition. They will only need to prove that the foreign divorce took place.
What the amendments do
The amendments introduce Section 48-A of Rule 39, which presumes that a foreign divorce between a Filipino and a foreign spouse allows the foreign spouse to remarry under foreign law, unless the divorce decree itself states that it is only a limited divorce.
The party opposing the petition now bears the burden of proving that the divorce is not absolute.
The new rule also presumes that an English translation of a foreign divorce document is accurate if the translator certifies its accuracy under oath.
These presumptions are disputable, meaning they may be challenged with contrary evidence, under Section 3 of Rule 131.
To challenge these presumptions, Section 24 of Rule 132 allows the submission of a certified true copy of the applicable foreign divorce law, including its English translation, obtained from the Office of the Court Administrator (OCA) which will maintain a repository of foreign laws.
What remains unchanged
The amendments leave the existing legal framework unchanged. A petition for judicial recognition of a foreign divorce is still required, and the substantive requirements of Article 26(2) of the Family Code remain the same.
Recognition of a foreign divorce may still be opposed on grounds such as lack of jurisdiction, lack of notice, fraud, or a clear mistake of law or fact.
Why the Court acted
The SC recognized that proving foreign law under the existing rules can be difficult for Filipino spouses, particularly overseas Filipino workers.
During consultations with the Sub-TWG, the Department of Foreign Affairs (DFA) identified several challenges. Foreign family laws are often spread across different jurisdictions, making them difficult to obtain. Some countries have no designated official who can certify these laws, while foreign ministries generally do not provide official English translations.
Through these amendments, the SC aims to remove unnecessary barriers and make it easier for Filipinos to exercise their rights under the law.
Central repository of foreign laws
On July 1, 2026, the SC En Banc approved a Memorandum of Agreement among the Committee on Family Courts and Juvenile Concerns Technical Working Group, the OCA, and the DFA, establishing a central repository of authenticated and updated foreign laws on divorce and on the nullity or annulment of marriage.
The agreement is scheduled to be signed on October 21, 2026.
The repository will primarily help parties opposing the recognition of a foreign divorce obtain the foreign laws needed to support their objections, without facing the same difficulties previously encountered by petitioners.
The full text of the Resolution will be uploaded to the SC website once available. (Courtesy of the SC Office of the Spokesperson)
Originally published by the Supreme Court Public Information Office.
This post is a republication compliant with the Supreme Court Credit Attribution Policy.
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