SG urges SC caution in foreign divorce case

Solicitor-General Darlene Berberabe urged the Supreme Court on Tuesday to exercise caution when considering a case involving the recognition of foreign divorce between two Filipinos who divorced in the United States.

Berberabe argued that recognizing such divorces could undermine Philippine laws prohibiting absolute divorce and create an unfair advantage for those who can afford to travel abroad.

She pointed out that both parties were Filipino citizens at the time of their divorce, emphasizing that Article 26 of the Family Code only allows recognition of foreign divorces when one party is a foreigner.

Berberabe warned against opening a 'backdoor' to absolute divorce for Filipinos by allowing dual citizenship to override Philippine laws.

The Solicitor-General also cautioned that recognizing foreign divorces could encourage a trend among Filipinos to obtain divorces abroad and then change their citizenship to have the divorce recognized in the Philippines.

Some religious groups suggested improving access to existing legal remedies like legal separation and annulment, as well as seeking help from family ministries within local parishes for marital issues.