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:
[See also: Process of Judicial Recognition of a Foreign Divorce Decree and Mixed Marriages and Divorce: When One Spouse is a Foreigner, Divorce is Recognized even if Initiated by the Filipino Spouse]
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 of the Philippines.” 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.
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Pls. can I ask for Pokwang’s email add or contact number? Her blog is enlightening and I would like to contact her. Can I leave my email here for her? Thanks. Gali.
Hello to all! I just have a simple question, is there such a thing as a Null and Voide Annulment? I have been reading online scripts regarding Annulment if the Phillipines, and I found out that “You can only file the Petition for Annulment in the place of your residence or the place of residence of your husband or wife” if i got it correctly, an annulment case could not be filed on another location, like for example TARLAC RTC, if ever a decision was made in favor of the petitioner, will be considered null and void if neither the respondent nor the petitioner has lived in that location?
Thanks!
i want to know my girlfriend plan to marry soon with me ,but his husband not yet Divorce her , he is every month asking her to send money back to philippines ,but she dont have feeling on hm any more , 10 year ago she forcs to make love with her husband so them get merry becase of get baby , on that time she just 21 yr old young girl know notthing about love , may i know too how long to file a Divorce in philippines , she is @ singapore working now , & i am a Singapore- ,Chineses Man ,
pls email me : SuccessTrainingCentre@gmail.com
i was married to a filipino on 1994 through a fixer,meaning we never applied marriage license on our own & we never went to city hall for civil wedding.the fixer only met us twice for signatures of me,partner,parents & witnesses.but then,it was registered to NSO.we were together for 9yrs and separated.i am with my new bf now.and my husband his own.i just want to ask if our marriage then can be considered invalid?my boyfriend wants to marry me,what can i do?
I’m married without a marriage license and by a Solemnizing Officer. It was specified that under Art. 34 of Executive Order 209, there is no need for us to apply for a Marriage License and under that article, the determiner is that we should be living together for not less than 5 years. However, in fact we were not together for that long, there are no evidences or any proof of billing that I lived in our current location. I can’t also remember the solemnizing officer having us sign or get an oath or an affidavit with regards to the foregoing facts. Can I issue a nullity of our marriage because of that?
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.
I am an OFW and have been married for 16 years. I married at an early age.
A personal question. What if the LOVE that was supposed to keep the marrieage forever has died off and the reason for staying in the marriage is because of the children?
As far as I am concerned, I have tried to make our marriage work. I would say that the reason for the love lost is due to financial burden I have been shouldering all by myself and unfortunately, my wife couldn’t manage it, which made me lost my interest.
Bottom line, I am only sticking to the marriage because of my children who I love so dearly. Yes, I have met someone who has been comforting me and supporting me with my problems.
I know that I will be more happy with her than with my current situation. Of course, my support will never cease for my kids as they are the reason for me working abroad.
Don’t I have the right to be happy and give/show my love to someone who trully deserves it?
I’m married 5yrs ago. My husband is a seafarer but he was unable to declares our marriage on his documents. For almost 4 times working abroad I don’t have an allotment from him, even a single cent. After 4yrs. of marriage, he file an annulment in the ground of psychological incapacity. I was unable to present my counter affidavit. On our first hearing, I was not there also since, I was unable to receive the notice. I want to appeal in court but I don’t have a lawyer. What shall I do? Is that allowed to just step inside the court to defend yourself from their fabricated statement.
I also found out that my husband has a concubinage, He brought his woman to their house several times. Our annulment was not yet approved by the court.It is still on process. What will be the consequence if I’ll file for an adultery against him and his woman.
How about allotment do I still have the right to claim it but how?
i’ll be receiving the divorce papers next week my ex-husband sent me,i only have to get marriage contract in NSO,what should i do next?where should i bring those papers? answer needed immediately….thank you
Sir just want to ask some question, my sister got married before to a taiwanese in philippines and got divorce in Taiwan. Her taiwanese husband filed a divorce. She is a former filipino, the time of divorce she is Taiwanese holder already. Now her question is since they are divorced already, and now she has a capacity to re-marry again, is there any things need to do or steps for filing a marriage license in philippines, she want to re-marry a Filipino. How about the marriage before is it null and void? She send all necessary documents in DFA regarding the divorce paper issued from Taiwan government and certified from Phil. embassy in Taiwan. Also we want to know if the offices such as DFA, and city HAll is the one who will inform NSO for the record….
I am from the Netherland and my wife is a Filipina and we are married, must she change her name in the surname of me in her passport?