Facts:

Marelyn Tanedo Manalo was married to a Japanese national, Yoshino Minoro.

Manalo filed a case for divorce in Japan and after due proceedings, a divorce
decree dated December 6, 2011, was granted. Manalo now wants to cancel the
entry of marriage between her and Minoro from the Civil Registry and to be
allowed to reuse her maiden surname, Manalo.

According to Article 26, paragraph 2 of the Family Code,

Where a marriage between a Filipino citizen and a foreigner is validly
celebrated and a divorce is thereafter validly obtained abroad by the alien
spouse incapacitating him or her to remarry, the Filipino spouse shall likewise
have capacity to remarry under Philippine law

Issues:
1. Under Article 26, paragraph 2 of the Family Code, can the Filipino spouse
initiate the divorce instead of the foreign spouse?

2. Was the divorce obtained by Marelyn Manalo from Japan valid here in the
Philippines?

Ruling:
1. Yes. The Court ruled that in interpreting the law, the intent should be taken
into consideration. According to Justice Alicia Sempio-Dy, a member of the
Civil Code Revision Committee, the aim of the amendment is to avoid the
absurd situation of having the Filipino deemed still married to a foreign
spouse even though the latter is no longer married to the former. According to
the Supreme Court, the wording of Article 26, paragraph 2 of the Family Code
requires only that there be a valid divorce obtained abroad and does not
discriminate as to who should file the divorce, i.e., whether it is the Filipino
spouse or the foreign spouse. Also, even if assuming arguendo that the
provision should be interpreted that the divorce proceeding should be
initiated by the foreign spouse, the Court will not follow such interpretation
since doing so would be contrary to the legislative intent of the law.