Discussions are welcome in the Forum. As more subjects here are discussed by the readers, the interaction of one topic with another (or between related laws) results to a legal melting pot, enriching the pool of topics to choose from.
For instance, we have discussed (”Divorce and Annulment in the Philippines“) that a Filipino - wherever he/she may be located in the world - is governed by Philippine laws on marriage. This means that while he/she can secure a divorce outside the Philippines, such divorce is NOT recognized in the Philippines. The same article also contains a discussion on the effect of losing Filipino citizenship vis-a-vis divorce. If a Filipino is naturalized as a foreign citizen and, in the process, loses his/her Filipino citizenship, such former Filipino can validly seek a divorce abroad and the divorce is recognized in the Philippines. In other words, after complying with the procedure in having the foreign decree of divorce recognized here in the Philippines, the Filipino spouse may validly remarry.
Then came the new law (Republic Act No. 9225) that allows former Filipinos to re-acquire or maintain their Filipino citizenship. Here are the issues:
If a Filipino secures a divorce BEFORE losing his/her Philippine citizenship by naturalization as a foreign citizen (the divorce is not valid under Philippine laws), will the subsequent loss of Philippine citizenship have any effect on the validity of the previous divorce? Will it make any difference if the foreign decree of divorce, validly secured by a former Filipino, is not judicially recognized here in the Phils. before that former Filipino re-acquires his/her Philippine citizenship?
On the other hand, what’s the effect of the re-acquisition of Filipino citizenship on the foreign decree of divorce previously and validly secured?
I already suggested that the law students who had been asking me for thesis topics can pick up this one…and maybe provide us with the abstract of the study =) In the meantime, let’s hear what’s on your mind.
You may also want to read these related posts:
Retention and Re-Acquisition of Philippine Citizenship by jlp on July 22nd, 2006
Atty. Fred, thanks so much for your response and I really appreciate it. Good day po!
Sandie, I can’t answer the specific question, as no legal advice may be given here. Nevertheless, you might be intererested with the previous discussion regarding the difference between “annulment” and “legal separation”. One of the differences is the capacity to remarry - the marital bond remains in “legal separation”, which means that the spouses cannot remarry.
I was a canadian citizen when I married my husband…our marriage was not approve right away bcoz i was required to get a legal capacity from canadian immigration in Manila. We got married Jan 3/91 but was not approved by the civil marriage in Bacolod City til they got my legal capacity…and our marriage was legally approved Jan.17/91. I sponsor him here in Canada but as soon as he got his Canadian citizenship he left me & we got divorced. Canadian Imm. acknowledged my divorced & means that the legal capacity was also null & void.
My question is…as a canadian citizen who was divorced for 10 years now, am i allowed to marry in the Phils to a person (filipino citizen) who is also legally separated from his wife for 15 years? I want to sponsor him here in Canada, is it possible? Thank you and hope you can help me answer my question.
Hi Mia,
That is a very interesting point, one which is not yet directly covered in Philippine jurisprudence. In my opinion, there are two views (by the way, I hope you’ve read the “Terms of Use” of this Forum):
1. Strict interpretation. - Any divorce decree granted upon the initiative of the Filipino spouse will not be recognized here. For instance, if the Filipino spouse is the one who first filed a petition, or if he/she is the one who initiated the “no-fault” divorce (asking the foreigner-spouse to sign the petition), then the divorce decree will not be recognized here. This strict interpretation is consistent with the laws’ bias in favor of marriage, and, necessarily, against divorce.
2. Liberal interpretation. - The provision is broad enough to cover a petition jointly signed by both spouses, as in “no-fault” divorce. The operative word is “obtained”. The law specifically provides that the foreign decree of divorce must be “obtained” by the foreigner-spouse. In other words, it’s immaterial who first filed the petition, as long as the foreigner-spouse also secured a decree or is deemed to have also obtained the decree. The SC liberally applied Art. 26 in the new case discussed somewhere in this Forum.
Hi,what if both parties applied for the divorce abroad (a foreigner and a filipino citizen). Will this law “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 capacitating him or her to remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine law. (As amended by E. O. No. 227, dated July 17, 1987.)” applicable?
Cbuana, please see comments at the other post. Thanks.
hi,
I’m filipina married to a french national and we are living in HK. My husband wants to file a divorce..his reason is incompatibility. We were married both in France(civil) and in Phils(church). My question is if my husband initiate the divorce will it be recognized in Phils.? As soon as we have the final decision, do i need to send copy to NSO or to Phil. Consulate here in HK so the divorce will take effect? Please enlighten me on this. Thank you.
what is the situiation if a Filipino marries in Ph. Goes abroad within 2 years of marriage having acquired Ph passport using her maiden name claiming to be single.
Acquires foreign citizenship by deception. Does not maintain her Ph citizenship. Marries bigamously abroad after 20 years.
On return to Ph for visit(s) is she liable to be arrested as she is still married to a Filipino?
Peter, pls see comments at the other post. Thanks.
Now, just to keep the ball rolling, so to speak, allow me to say what I\’m thinking.
Assuming that a Filipino is naturalized as a foreigner (and loses his/her Phil. citizenship in the process), he/she can validly secure a divorce abroad. However, the foreign decree of divorce needs to be recognized here in the Philippines (at least for the purposes of remarriage), and this is done in court. If the judicial recognition, done here in the Phils., of the foreign divorce is made BEFORE the re-acquisition of Filipino citizenship under R.A. 9225, I believe there should be no problem. While this is subject to the argument that this is pro-rich (just seek naturalization as a foreign citizen, lose your Phil. citizenship, seek divorce abroad, have it recognized here in the Phils., then re-acquire Phil. citizens), that is simply the effect, which may have been unforeseen, of the interaction between the laws.
Now, under the facts discussed above, what if the judicial recognition of the foreign divorce is sought AFTER Filipino citizenship is re-acquired? Please note that upon re-acquistion of Philippine citizenship, our laws on marriage automatically applies. Hence, it may be argued that it is contrary to law and public policy to allow the recognition of the foreign divorce, even if it was secured while still a foreign citizen. On the other hand, it may also be argued that the grant of the foreign divorce, while still a foreign citizen, has its legal effects that must be recognized here, even if such recognition is sought only after becoming a dual citizen.
I would like to know the situation if a 2nd (foreign) husband obtains decree nullity in foreign court from a Filipina who is still married to a Filipino in Philippines. The second marriage took place abroad in 1991 in a RC church although no banns were posted in the Philippines.
What is the situation if she obtained Ph passport in 1973 by the same deception and fraud: claiming each and time and signing on official applications forms since 1973 to be SINGLE as well as using her maiden name only: although she was married in 1971 and never annulled or divorced.
In 1990 she applied for and obtained foreign citizenship and foreign passport using the same methods : deceptively and fraudulently claiming and signing to be single while using her maiden name. Furthermore deceptively and fraudulently signing that there is no impediment to the second marriage.
It is not know if she holds dual citizenship.
1) What are the implications concerning her Ph immigration status?
2) What is the situation concerning Ph civil law concerning her bigamy?
3) What is the situation concerning Ph criminal law concerning her bigamy?
4) What is the situation concerning RC Church?