Filipina Married In A Foreign Country Can Remarry After Divorce

Filipina Whose Marriage Was Solemnized In A Foreign Country Is Allowed By Philippine Law To Remarry After Divorce. In Article 26 of the Family Code, “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), 3637 and 38. (17a)”

 

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. (As amended by Executive Order 227).

 




 

The Article 26 of the Family Code confers jurisdiction on Philippine courts to extend the effect of a foreign divorce decree to a Filipino spouse without undergoing trial to determine the validity of the dissolution of the marriage.

 

In Republic v. Orbecido, this Court recognized the legislative intent of the second paragraph of Article 26 which is “to avoid the absurd situation where the Filipino spouse remains married to the alien spouse who, after obtaining a divorce, is no longer married to the Filipino spouse” under the laws of his or her country.

 

The second paragraph of Article 26 of the Family Code only authorizes Philippine courts to adopt the effects of a foreign divorce decree precisely because the Philippines does not allow divorce. Philippine courts cannot try the case on the merits because it is tantamount to trying a case for divorce.

 

The second paragraph of Article 26 is only a corrective measure to address the anomaly that results from a marriage between a Filipino, whose laws do not allow divorce, and a foreign citizen, whose laws allow divorce. The anomaly consists in the Filipino spouse being tied to the marriage while the foreign spouse is free to marry under the laws of his or her country. The correction is made by extending in the Philippines the effect of the foreign divorce decree, which is already effective in the country where it was rendered.

 

Read the PDF here, http://www.officialgazette.gov.ph/1987/07/06/executive-order-no-209-s-1987/

19870706-EO-0209-CCA

 

 

Art. 35. The following marriages shall be void from the beginning:

 

(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;

 

(2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;

 

(3) Those solemnized without license, except those covered the preceding Chapter;

 

(4) Those bigamous or polygamous marriages not failing under Article 41;

 

(5) Those contracted through mistake of one contracting party as to the identity of the other; and

 

(6) Those subsequent marriages that are void under Article 53.

 

 

 

Art. 38. The following marriages shall be void from the beginning for reasons of public policy:

 

(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;

 

(2) Between step-parents and step-children;

 

(3) Between parents-in-law and children-in-law;

 

(4) Between the adopting parent and the adopted child;

 

(5) Between the surviving spouse of the adopting parent and the adopted child;

 

(6) Between the surviving spouse of the adopted child and the adopter;

 

(7) Between an adopted child and a legitimate child of the adopter;

 

(8) Between adopted children of the same adopter; and

 

(9) Between parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse. (82)

 

 

Read more of the Family Code here,  https://tungkab.wordpress.com/2008/02/04/the-family-code-of-the-philippines/

 

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Note: Very important

The foreign divorce decree must be valid and obtained after August 3, 1988 regardless of the date of the marriage. It must enable the alien spouse to remarry. The Filipino spouse cannot remarry if the decree does not allow the alien spouse to remarry.

 

The foreign divorce decree must be legally valid under the laws of the country where it is obtained and rendered after that date when the law came into effect. All foreign divorce decrees prior to August 3, 1988 are not covered.

 

It should be noted that a foreign divorce decree does not automatically entitle a Filipino spouse to remarry. Even the submission of a foreign divorce decree to a Philippine consulate or embassy, National Statistics Office or Local Civil Registry is not sufficient.

 

The Filipino spouse must obtain a Judicial Recognition of Foreign Divorce Decree from a Philippine court. As soon as a court grants such recognition, the foreign divorce decree shall have the effect of res judicata between the spouses in the Philippines.

 

This means that their marriage bond would be severed. The Filipino spouse would no longer be obliged to live with, observe respect and fidelity, or render support to the alien spouse.  The alien spouse would no longer be a legal heir of the Filipino spouse with possible rights to conjugal property.

 

Read more http://www.positivelyfilipino.com/magazine/2013/7/hot-topic-can-a-filipino-remarry-after-divorce-from-an-alien-spouse

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