Divorce is not allowed in the Philippines and divorce secured anywhere by a Filipino is not recognized in this jurisdiction.We already have a number of discussions on this (read more here and here). In certain instances, however, a divorce validly secured abroad by a non-Filipino may be recognized here in the Philippines.
What are circumstances that would make Article (Family Code) applicable?
We have a basic discussion on Article 26 of the Family Code (click here: Divorce and Annulment in the Philippines). Included in that discussion are the two elements that must be shown before the second paragraph of Article 26 is applied:
- There is a valid marriage that has been celebrated between a Filipino citizen and a foreigner; and
- A valid divorce is obtained abroad by the alien spouse capacitating him or her to remarry.
Is this provision applicable to former Filipinos?
Yes. See the discussion here.
This law provides that the divorce must be secured by the foreigner-spouse. What if the foreigner-spouse continually maltreats the Filipino/Filipina spouse, isn’t it unfair that the Filipino/Filipina can’t initiate divorce?
It may be unfair, but that’s the law, consistent with the State’s policy of not allowing divorce for Filipinos. This doesn’t mean, however, that the Filipino/Filipina has no other recourse. If the circumstances fall under the grounds for annulment/declaration of nullity, then the marriage could still be annulled or declared null and void from the beginning.
If there’s already a divorce validly secured abroad (by the foreigner-spouse or the Filipino spouse who became a foreign citizen, losing his/her Filipino citizenship in the process), can the Filipino spouse immediately remarry?
No. The existence of a valid divorce decree, however, does not automatically entitle the Filipino to remarry in the Philippines. The foreign divorce decree must be judicially recognized in the Philippines. This means that the proper action or petition must be filed in a Philippine court. For purposes of re-marriage, the divorce validly secured abroad is not automatically recognized here in the Philippines.
Isn’t it enough that I already forwarded the divorce decree to the Philippine Embassy (or the Department of Foreign Affairs) and the National Statistics Office (NSO)?
No. The foreign divorce decree must be recognized here in the Philippines; a process which may only be done through the courts.
Why should we waste money in filing a petition in court for the recognition of the divorce decree?
This is the requirement of law, unfortunately. The divorce decree must be proven, just like any fact, in court. The presentation of the divorce decree is insufficient. Proof of its authenticity and due execution must be presented. This necessarily entails proving the applicable laws of the jurisdiction where the foreigner-spouse (who could be a former Filipino) is a national. One of the requirements under Article 26 is that the decree of divorce must be valid according to the national law of the foreigner.
I’m an American. I married a filipina there in the R.P. and discovered she was defrauding me for money and a green card. I am in the process getting an anullment based on that fraud. But now I have met another filipina that I would like to marry.
Does a foreigner need to have his marriage judicially recognized to remarry as well?
I have some observations about Article 26 of the Family Code. It says that it must be the foreigner spouse who obtains the divorce in order for the Filipina spouse to be capacitated to remarry here. But what if it’s the Filipina spouse who obtains the divorce because of physical violence or attempt against her life. Would she be incapacitated to remarry because Art. 26 is specific that it must be the foreigner spouse who obtains the divorce? Sounds unfair. Maybe this needs some curative legislation.
I also have a concern on this thread.olin taha is right, what if someone has been maltreated(filipina) and she divorced her husband.what can she do to have the chance to remarry??
dear atty,
im a single parent of my 2 kids, 14yrs old and 12 yrs old.pareho po silang lumaking walang ama,
(cont…fr julieta)
..magkaiba po ang ama nila,, kasal po ako sa una, at dala dala po namin hanggang ngayon ang apelyido ng ama sa una kong anak,, ginamit ko rin po ang apelyido nya sa pangalawa kong anak kahit di sya ang ama nito, ang dahilan ko po dahil nga kasal ako sa una…anyway nakasal po ako yr 1995 at that time buntis po ako sa kanya ng 5months, actually po di po talaga kami magkasama, pinahanap lang po sya ng lolo ko, buntis na po me ng 5months at ayaw nyang maging illigitimate ang apo nya sa tuhod.. at that day din pagkausap sa kanya ng lolo ko agad kami pinakasal kinabukasan sa city hall, huwes lang po.. at nung araw din yun nagpaalam din ang ex-husband ko na kailangan nyang bumalik sa trabaho nya.. at mula nun hanggang ngaun di na po sya nagbalik,,bale 14yrs same age ng anak nya na anak kong panganay..
(cont. of julieta)
…in short po, wala po akong kinakasama until now, disgrasya po ang pangalawa…at ni kailan po di po nya nakita ang anak nya.. gusto ko po malaman kung paano mawalang bisa ang kasal ko sa kanya, ano po ba ang una kong gagawin? di ko po kasi magamit ang single name ko dahil nga po sice nag aral na mga anak ko kailangan na po nila ng mga identification ko im my married name,, so lahat po ng application gamit ko in my married name.. pls help me po,, kindly send it to my email your answer at
thnx
(cont. of julieta)
Sorry po sa issue of annulment pala dapat me magsend ng message,, paki forward nalang po,, tnx
dear atty,
in oct 2000, i was married in civil rights in the US to a filipina who was a naturalized US citizen before our marriage. in jan 2001, we got married in church here in the philippines. our marriage did not last long and she filed for divorce not long after. divorce was granted. she also filed for church annulment and recognition of foreign divorce. church annulment was granted both in the court of first instance and appelate court in 2005 and 2007 respectively. only the petition for recognition of foreign divorce is still pending. do i have to file a separate petition for the recognition of foreign divorce or do i just follow up on the petition which she already filed. she is not following it up anymore. after all, being a US citizen she is not bound by philippine laws and can actually marry again. article 26 applies to my case, right? what are your thoughts? thanks.
I’m here in canada for only 1 yr and married in the philippines for 7yrs but separated(not legal) for 5yrs. I want to file a divorce here in canada but i’m not planning to remarry for now(maybe for d future) is it possible?!!
another question, could i apply annulment there in philippines since i was here in canada?