Linda met an American online and had a long-distance romantic relationship. She soon moved to the US and married him. The marriage did not last long and they divorced 5 years later. Linda went back to the Philippines after the divorce was finalized. Here she met her childhood friend Ricky and they decided to be together as a couple. Can Linda remarry?
Yes, the legal effects of the divorce decree may be recognized in the Philippines, and consequently, capacitate Linda to remarry.
According to the case of Republic v. Manalo [G.R. No. 221029, April 24, 2018], the Court established that under Paragraph 2 of Article 26 of the Family Code, a Filipino citizen has the capacity to remarry under Philippine law after initiating a divorce proceeding abroad and obtaining a favorable judgment against their alien spouse who is capacitated to remarry. In this situation, Linda initiated a divorce petition in the US and obtained a favorable judgment that allowed her American husband to remarry. Applying Paragraph 2 of Article 26 of the Family Code as interpreted in Republic v. Manalo, the legal effects of the divorce obtained by F may be recognized in the Philippines, which would capacitate Linda to remarry here.
However, it is important to note that while the divorce may be recognized, enforcement of the divorce decree may face potential defenses. Recognition and enforcement are different, and the enforcement of the divorce decree is subject to further considerations and defenses.