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.
After complying with the procedure in having the foreign decree of divorce judicially recognized (through a court action) here in the Philippines, the Filipino spouse may validly 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.
History of Article 26, Family Code:
6 July 1987: President Corazon Aquino signed Executive Order No. 209, otherwise known as the “Family Code.” The law, which took effect on 3 August 1988, reads:
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, 37, and 38.
17 July 1987: Executive Order No. 227 was signed into law, amending Article 26 of the Family Code, among others. Article 26 now reads:
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.
Hi,
what is the right or fastest way of filing an annulment since I’ve learned that my husband is living with another woman now in Saudi Arabia. He admitted to me verbally though rumors have been spread before. They are allowed to live together because they are already converted into a Muslim or Islamic religion. What will be my grounds? By the way, I am presently working in Europe and just have only a communication regarding our 2kids if it’s only needed. Thank you
Hi There
I am a filipino citizen and married a filipino citizen here in australia, after two years we filed a divorce and granted.
My question is, is there anyway i can remarry without having any problem with the philippine law?
Thank you in advance and hopefully you can help me with this matter
my situation is I was married in 2006 ing the philippines. at that time were both filipino citizens until I sponsored him here in Canada. in 2009 I applied for Canadian Citizenship and now that I am Canadian citizen and had applied for divorce here in Canada. My question is would I be able to remarry in the Philippines?
hi, I am married to a Filipina, we married in 2009, in March of 2014 I had to come back to the U.S., she has been sleeping with another man for 7 months or longer. We have a daughter that receives SS check from me, she is a U.S. Citizen and is 5 years old. I thought that my wife and daughter would follow me to the U.S. But she has a drug problem. She informed me that she was filing for an annulment, I have aske her to come back, or I will come there and start over,, she just says she doesn’t love me. Is that grounds for an annulment? And could I file charges on her and her lover for adultery? They are both drug addicts.
Im a foriegner who married a person who had hidden alterior motives. Other then love. If i file for divorce in my country is it recognized in the phil?
Hi there… I need a legal advice.. I am filipino married to a British guy.we live in a Gulf country… If we decided to separate, how will we start?
If a couple got married in Dubai and divorced a few years later (Dubai), what should be the next step for them if one got in a relationship and want to get married?
Thank you.
Hi,
I have the same case. I got married when i am only 18 yrs old. Church Wedding.
After 8 years we ended up our marriage. He has new family now. I have boyfriend already. We never see each other from the day he left. We never got a chance to have a child. It’s been 7 years already that we got separated.
Even though how much we wanted to legalized everything we don’t have money for annulment.
Is annulment the only solution to my problem?
Thank you and Hoping for your response.