MANILA — The Philippine Supreme Court (SC) has eased evidence requirements for Filipinos seeking judicial recognition of divorces obtained abroad, removing the need to prove foreign divorce laws in a move expected to benefit overseas Filipino workers (OFWs).

Sitting as a full court on Wednesday, the justices approved amendments to the Rules of Court that require petitioners to prove only that a foreign divorce took place, the court's Office of the Spokesperson said in a statement on Thursday.

"The party opposing the petition now bears the burden of proving that the divorce is not absolute," the Supreme Court said.

The amendments cover petitions filed under Article 26(2) of the Family Code, which allows a Filipino spouse to remarry when a divorce involving a foreign spouse legally frees the latter to remarry. The changes add Section 48-A to Rule 39, creating a presumption that a divorce between a Filipino and a foreign spouse permits the foreign spouse to remarry under foreign law, unless the decree expressly states that it is a limited divorce. English translations of foreign divorce documents will likewise be presumed accurate if the translator certifies them under oath. Both presumptions may be challenged with contrary evidence.

The revisions were approved on the recommendation of Associate Justice Alfredo Benjamin S. Caguioa, in consultation with Associate Justices Amy Lazaro-Javier and Jhosep Y. and a working group on overseas Filipino workers' concerns.

The court said proving foreign law "can be difficult for Filipino spouses, particularly overseas Filipino workers." The Department of Foreign Affairs (DFA) informed the working group that foreign family laws are often scattered across different jurisdictions, that some countries have no designated officials to certify them, and that foreign ministries generally do not provide official English translations of their laws.

"Through these amendments, the SC aims to remove unnecessary barriers and make it easier for Filipinos to exercise their rights under the law," the court said.

The Supreme Court stressed that the amendments do not change the legal framework for recognizing foreign divorce. Filipino spouses must still petition a Philippine court for recognition, and opposing parties may challenge a petition on grounds including lack of jurisdiction, insufficient notice, fraud, or a clear mistake of law or fact.

The court also disclosed that it approved on July 1 an agreement with the Office of the Court Administrator and the DFA to establish a central repository of authenticated foreign laws on divorce and annulment. The agreement is scheduled for signing on Oct. 21, while the amendments will take effect 15 days after their posting on the Supreme Court website.

The Philippines remains one of only two jurisdictions worldwide, alongside Vatican City, without a general divorce law, although divorce is permitted under the Code of Muslim Personal Laws. Philippine courts have long recognized foreign divorces under Article 26(2) of the Family Code, and a 2018 Supreme Court ruling extended that recognition to divorces obtained abroad by the Filipino spouse.

In May 2024, the House of Representatives approved the proposed Absolute Divorce Act on third reading by a vote of 131-109, but the measure failed to secure Senate approval before the 19th Congress ended in June 2025. Divorce advocates have argued that legalizing the procedure would make it more accessible to Filipinos who cannot afford lengthy annulment proceedings, while religious groups and other opponents have raised concerns about its potential effects on families, women and children.

Source: BusinessWorld, reporting by Erika Mae P. Sinaking