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
Irene, I really hope you take time out to read the related articles (as well as the comments/discussions )in this Forum because your questions are most likely answered there. Take this article -
https://jlp-law.com/blog/annulment-divorce-legal-separation-in-the-philippines-questions-and-answers/
A court proceedings is required before a foreign divorce, assuming that it’s in accordance with Article 26 of the Family Code, may be recognized here in the Philippines for purposes of remarriage.
Good luck!
atty. fred. thanks for replying. My fiancee is just really bothered.Kasi a legal officer in the Philippine embassy in san francisco told him na hindi raw automatic na mawalang bisa yung previous marriage nya sa pilipinas.Kailangan pa daw sya mag apply through court.Is this true? If it is, howlong will it take.Sana naman hindi na necessary.And what do you mean by saying “as long as the requirements for a valid divorce abroad and the divorce decree here in is recognized in the phili?” di ba, divorce is not recognized here in the phili? naguguluhan ako.
territorial regimen, guests are encouraged to discuss the topics here. Still, should we receive any complaints that certain discussions are improper, we may act on it.
Irene, we have a number of posts relating to your questions, including this:
https://jlp-law.com/blog/divorce-annulment-philippines/
As long as the requirements for a valid divorce abroad and the divorce decree is recognized here in the philippines, there should be no problem with bigamy or other matters. Good luck.