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SC explores constitutional basis for foreign divorce recognition
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BusinessWorld Online
THE Supreme Court (SC) on Tuesday explored whether a broader constitutional interpretation could support the recognition of foreign divorces involving Filipinos, with Senior Associate Justice Marvic M.V.F.
Leonen questioning whether existing laws should be read in light of human rights, individual autonomy, family and social justice.
Mr. Leonen said the case could be settled on a “very narrow doctrine” based on the petitioner’s citizenship when recognition of the foreign divorce is sought.
Mr. Leonen then raised a “deeper aspect” of the case — whether divorce is contrary to public policy, good customs and morals.
He questioned whether a person who separated from a former spouse and “loved again” should be considered immoral, and whether a nontraditional family formed after a foreign divorce would undermine public policy.