Divorce and Annulment in the Philippines

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:

Effect of Annulment in a Criminal Case for Bigamy by Atty. Fred on August 4th, 2006

Effects of Foreign Divorce on Filipino Spouse by Joselito Basilio on November 7th, 2006

Annulment in the Philippines: Questions and Answers (Part 2) by Atty. Fred on June 27th, 2007

81 Responses to “Divorce and Annulment in the Philippines”


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  1. 70 Atty. Fred Aug 13th, 2007 at 7:57 am

    Tiffany, first off, I have to say that legal advice is not dispensed here. I have to repeatedly apologize for this (and I hope you understand), as we’re prohibited from doing so.

    In general, a marriage is valid as long as the requisites are present and, more importanly, presumed to be valid. The number of years that the spouses are not together is not a ground for annulment. Lack of consent is also a ground, but proving it is easier said than done.

    You should not blame yourself for this situation, because blame gets you nowhere. You’re correct that you must move on. Of course, a married person who wants to get our of a bad marriage can always file a petition for annulment or for the declaration of nullity of marriage, but whether or not the grounds invoked are sufficient is an entirely different matter. Your lawyer can best tell you what’s the ground for annulment (or declaration of nullity) best suited to your situation (and if such ground would most likely be sufficient to secure a favorable judgment from the court). Bottom line is, consult your lawyer, as you would need him/her anyway when the petition is filed.

  2. 69 ging78 Aug 11th, 2007 at 11:24 am

    Atty. Fred,

    Me and my boyfriend plan to go to US that time.After submitting all the requirements ,the papers was approved. Since both of us are nurses,my boyfriend told me that its better and easier for us to process the papers if we are married plus i dont need to take any examination anymore if he can take me. Well, I am not really sure even ready for that…I dont have any plan either to marry him.My parents doesnt like him and keep on telling me that they dont trust him.It takes months before I agree with one condition.He told me that we will just present the paper that we are marriage but he wont submit it in the Census Office.Its my eagerness to go to US I agree to do the ceremony last Nov. 2003 in Manila City Hall.No one in my family knows about it..only his friend who stand as a witness & the other guy. For sure the person who did the ceremony is not a judge ,my boyfriend just told me he is allowed to do it.My boyfriend arrange everything,since I dont know anything in Manila.I grow up in a province.We never been together after the marriage.I still stayed and live with my parents and we just see each other in work and off work.After one month my papers was approved in UK.I left Philippines 15 of January 2004.
    That time my fear start ; he keep calling me 20 or more a day. I realize how jealous and crazy he is.He start disturbing me at night and even in my work.He start accusing me that I am with somebody here. He even send e mail to my employer about me and telling them to send me home because I am not safe here. I am just lucky that my employer is good.After they received several e mails they inform and talk to me. After all this embarrassment and burden i start hating and getting angry to him.I start to ignore all his calls and after a month of silence he called me oneday informing me that the thruth is he submit the papers to the Census and he is sending me the copy.I really dont know what to do that time…My whole world just collapse because of my stupidity.I keep on working blaming my self everyday of my life…but life must go on. Its been months after I recieved a call again from him telling me he is in New York now.He filled a petition for me and he even change my surname to his surname.I did not change anything in my status since everything is fast forward.After our last conversation I told him to stop bothering me..and I want to cut any connection between us.He said its okey and he said he already consulted a lawyer to fix it. We never see each other for almost three years and a half now.I really dont know whats going on on his mind.For sure I want to clear my status.
    Can I file an annulment ? I never consulted any lawyer about this.But I think I am ready now to face it after this years. Can you please adviced me.

    Thank you very much for the time.

    Regards,
    Tiffany

  3. 68 Atty. Fred Jul 10th, 2007 at 10:16 am

    Danna Melissa,

    I’m sorry to hear about your predicament. Abandonment is a ground for legal separation, not annulment. Even if the petition for legal separation is granted, the petitioner CANNOT remarry because the marital tie is still legally existent.

  4. 67 Dana Melissa Jul 7th, 2007 at 7:59 pm

    Atty Fred,
    I am 17 yrs separated to my ex Japanesse, one week after the marriage that we were together he went back to Japan because of his work, knowing as we planned I was to follow him there within 2 months as I was waiting for Immigration to approve my visa.
    During that time I was suprised to recieve a phone call from him saying that he is no longer waiting for me as he had heard that in the Philippines papers are often fabricated for a cost, which he told me that the marriage is not legal, no matter that I told him the marriage is legal but if he did not want to be married to me anymore then he can do the right thing for me and come back to the Philippines and get an annulment so that I can be free to get on with my life and if later on I find someone special then I will be free to marry again, as I think that is the least you can do for me.
    His response was its up to me as he is not interested and it doesn’t affect him since the marriage is not registered in his country, and with that he hung up the phone.
    After sometime when I had calmed down from the shock of his treatment to the marriage i decided to try and talk to him again, but only to find out the phone number no longer existed, and he had moved. So after many months of trying to track him down without success I became so disillusioned that I gave up trying to find him.
    The reason it is effecting me now is because I have met someone whom I want to spend the rest of my life with and as he lives in another country but has put his life on hold to come to live with me for 1 year as his Immigration states that the least you can have to move to his country is living together and marry within the 9 months the visa is given.
    So as you can see after getting married and actually only being together for only one week under the same roof before he went back to Japan it has been a hefty price I have paid for the last 17 years and even more so now as I have finally a chance at true love and happiness which I think I am entitled to now.
    Now my question is if I will file for abandonment which I have been adviced to do since it was him that left me, will I still get the same entitlement as an annulment would? meaning will it show the like to an immigration department that I am now single and free to marry as I need this to show so that I can go and marry my partner in his country?
    Thank you for any helpful information you can give me as well as an estimate of how much will it cost for an abadonment, aswell as the cost of an annulment if need to be done that way.
    Again thank you very much, hoping for your reply.

    Yours Sincerely,
    Dana Melissa

  5. 66 Atty. Fred Jun 19th, 2007 at 6:25 pm

    Pinksoda, the amount needed in pursuing a case for annulment varies (maybe you need at least PhP50,000, on the average). You don’t have to pay for professional services if you’re accepted in free legal aids or clinics.

    Kakay, maybe it’s just a matter of miscommunication (i.e., the motion for reconsideration is still pending resolution, or whatever reason). Bottomline - this is something that should be discussed with her lawyer. She is entitled to get a copy of the decision or whatever documents related to the case.

  6. 65 Kakay Jun 17th, 2007 at 5:54 am

    Atty, is a court decision valid for my friend to remarry even the case is still with the Solicitor General for reconsideration? what would be the possible reason for her atty to say that the case is with the Solicitor General for the past 3 years? Is there a possibility that the Solicitor General already filed for reconsideration without their knowledge?

  7. 64 Kakay Jun 17th, 2007 at 5:44 am

    Dear Atty,

    Good day. My friend who applied for annulment in 2003 due to the fact that the marriage was considered null and void due to her husband was still married during that time. Her lawyer said that the court already granted a favorable decision on her behalf last 2004. But until date, her lawyer said that her case is with the Solicitor General whether they will file for a motion for reconsideration or not. You mentioned that the Solicitor General have 15 days to file for a motion of reconsideration. If that is so, what documentions can she ask from her lawyer to prove his claims? Can she ask why the lawyer said that from 2004 the case is already with the Solicitor General and until date they have not filed a motion? Is it possible for her to ask for a copy of the court decision? If the grounds for annulment is due to nullity of marriage, what would be the grounds for the Solicitor General have to contest the decision of the court?

    Thank you very much

  1. 63 Annulment in the Philippines: Questions and Answers (Part 2) at Philippine e-Legal Forum Pingback on Aug 29th, 2007 at 9:16 am
  2. 62 Divorce - a call for arguments at Atty-at-Work Pingback on Jul 7th, 2007 at 7:12 am
  3. 61 The psychic reward of blogging at Atty-at-Work Pingback on Jun 17th, 2007 at 4:59 am

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