APRIL 29, 2026 — The Supreme Court is now at the center of a heated debate on whether foreign divorces between two Filipinos should be recognized under Philippine law — a move that could reshape family relations and ease the burden of “limping marriages” where couples are divorced abroad but remain legally bound at home.

At the heart of the case is a Filipino who divorced his wife in the United States back in 2010 while still a Philippine citizen. He later became an American in 2019, only to reacquire his Filipino citizenship in 2020. This timeline matters because under Article 26(2) of the Family Code, foreign divorce is recognized only if one spouse is a foreigner. For two Filipinos, the law remains silent — leaving many trapped in marriages dissolved abroad but still valid here.

University of the Philippines law professor Elizabeth Aguiling-Pangalangan explained that limping marriages “undermine the stability of civil statuses and family relations.” She argued that courts could reinterpret existing laws to address the issue, even without Congress passing a divorce law.

Former FEU law dean Mel Sta. Maria said, “Our policy today, Your Honor, I’m sorry to say, borders on racism, is xenocentric, and it mirrors a colonial mentality where the natives have less rights. And if they want to have more rights, they have to associate themselves with a foreigner.” 

Simply put, he criticized the law as discriminatory, giving more rights to Filipinos married to foreigners than to those married to fellow Filipinos.

On the other hand, Solicitor General Darlene Berberabe urged the Court to dismiss the petition, stressing that both spouses were Filipinos at the time of divorce. She said the issue should be left to Congress, noting that “a considerable number” of petitions for recognition of foreign divorce highlight the need for legislation.

Now, imagine being divorced abroad, free to remarry in another country, yet still shackled by Philippine law. It creates confusion not just for couples but also for children, property rights, and even inheritance.

The case also exposes the unequal treatment of Filipinos depending on whom they marry. If your spouse is foreign, you can remarry after a divorce abroad. If your spouse is Filipino, you’re stuck. This inconsistency has fueled calls for reform, with experts saying recognition of foreign divorce would not violate public policy since divorce already exists in limited contexts, such as under Muslim law.

The Supreme Court’s eventual ruling could set a precedent for thousands of Filipinos in similar situations. While the justices weigh the nationality principle against evolving realities of dual citizenship and global migration, the public watches closely. For many, this is not just about legal technicalities — it’s about whether the law reflects the lived realities of modern Filipino families.

The oral arguments will resume on July 14, and whatever the Court decides will ripple across households, communities, and even overseas Filipino circles.

If the law continues to deny recognition of foreign divorces between Filipinos, how much longer will our justice system keep families trapped in marriages that no longer exist abroad?

(Image: Philippine News Agency)