Some Filipinos want and do get married outside the Philippines. There’s nothing really strange with this, except when they say that the reason is for convenience in getting a divorce abroad. This is strange for two main reasons:
1. Divorce is not recognized under Philippine laws. If you’re a Filipino, it doesn’t matter where you get a divorce – such divorce is invalid/void in the Philippines. This is because under the nationality principle (Art. 15, Civil Code), all Filipinos – where they may be in the world - are bound by Philippine laws on family rights and duties, status, condition, and legal capacity. Yes, folks, you can run, but you can’t hide.Nevertheless, divorce decrees secured outside the Philippines are recognized in certain instances. This is provided in Article 26 (Paragraph 2) of the Family Code, which reads in full:
ART. 26. All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38.
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 have capacity to remarry under Philippine law.
The twin elements for the application of this provision are:
1. There is a valid marriage that has been celebrated between a Filipino citizen and a foreigner; and
2. A valid divorce is obtained abroad by the alien spouse capacitating him or her to remarry.
At first glance, Article 26 seems to apply only to a marriage between a Filipino and a foreigner. This was raised by a respected commentator in family law, Justice Sempio-Diy, who noted that Art. 26 does not apply:
…to a divorce obtained by a former Filipino who had been naturalized in another country after his naturalization, as it might open the door to rich Filipinos’ obtaining naturalization abroad for no other reason than to be able to divorce their Filipino spouse (Handbook on the Family Code of the Philippines, 1995 Ed., p. 30).
However, this provision was later interpreted by the Supreme Court to include cases involving parties who, at the time of the celebration of the marriage were Filipino citizens, but later on, one of them becomes naturalized as a foreign citizen and obtains a divorce decree. The reckoning point is not the citizenship of the parties at the time of marriage, but their citizenship at the time a valid divorce is obtained abroad by the alien spouse capacitating the latter to remarry. (Philippines vs. Orbecido III, G.R. No. 154380, 5 October 2005).
2. Marriage is supposed to be forever. From an idealistic non-legal standpoint, the sole reason for marriage should be love; the kind of love that transcends time and withstands any impediments that life throws our way. From a legal perspective, on the other hand, no less than the Philippine Constitution (Art. XV, Sec. 2) and the Family Code (Art. 1) expressly characterize marriage as the foundation of the family and an inviolable social institution. The law states that it is a special contract of a permanent union between a man and a woman (sorry, same sex marriage is not yet recognized in the Philippines). It is inviolable. It is permanent. In short, you don’t think of divorce when you get married.
You may also want to read these related posts:
Costs in seeking an annulment by Atty. Fred on July 20th, 2007
Annulment in the Philippines: Questions and Answers (Part 2) by Atty. Fred on June 27th, 2007
Psychological Incapacity: Habitual Lying by Atty. Fred on July 22nd, 2006
In my case, I am a filipino citizen leaving in US, I filed for a divorce here in US. My husband is a Filipino but naturalized as a US citizen since 1970 or so. He is still a US citizen. He went back to the Phils in 1999 and I filed for a divorce in 2004, does that mean that we are not legally divorce? or we are still married per say to each other even though my divorce was final and was sent to him.
After the divorce decree, he remarried. Am i still a married woman? and he is still my husband legally? I am confused. what is the status of both of us after the divorce decree since divorce is not valid in the Phils.
hi atty fred,
i have an ongoing annulment case. i cane across the comelec list of voters in the internet and found out that the other woman is now using my husband’s surname. i am trying to find out if they were officially married.
my husband converted to islam when he decided to have another woman. we were both catholics when we got married. granting that he is now a muslim and should i find out that they got married, can i file for bigamy?
A declaratory relief is needed. You don’t have to retain the services of your foreigner-attorney, but you have to discuss the requirements with your lawyer here in the Philippines. He can tell you what documents are needed to be presented in court.
ei, i would like to inquire how a divorce decree can be recognized here in the Phils. what steps do i have to take for the divorce to be recognized? is filing with the NSO enough or do i have to file for a declaratory relief? do i still have to retain the services of the attorney abroad who fixed the divorce or can everything be done here? as a non-bar person, what can i do? i’m sorry for all the questions but your help will be very much appreciated… thank you so much…
Ian Boy/Venus,
Please read the “Terms” - no legal advice is given in this site.
Nevertheless, the fact of separation or abandonment - no matter how long - is not a gound for annulment. At most, abandonment may only be a ground for legal separation. When you talk to your lawyer, he/she will be better able to discuss the grounds for annulment and decide on the ground/s to invoke based on the facts you tell him/her (or if there’s no basis).
As to presumtive death, this topic will be discussed in a new post.
hi,
im a filipina, and but separated for more than 8 yrs now.but with no communication eventhough we have a daughter, 13 yrs old now. we didn’t get any financial support from the day he left..in short, it’s life he has abandoned us. we never change address and telephone no.i have a bf now, a us citizen but filipino . we want to make our relationship legal. is it possible for me to declare my ex husband as dead or presumed dead? so that i won’t be needing to file an annulment and get married soon?? pls give me an advice..thanks in advance..
how can i file an annulment to my wife? we have no kids and we are separated almost a year now. i need some answers and i need your advice.she always reminds me to file an annulment,we usually argue on financial matters. thanx
thank you so much for the fast reply.