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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”We previously noted that infidelity is not, by itself, a ground for annulment, although it could be a basis for legal separation or filing a case for adultery/concubinage. As to custody, the Supreme Court already ruled that sexual infidelity, by itself, is not sufficient to grant custody over a child. Let’s continue the discussion on […]”
This is strange, if i have proof like photo’s, e-mails, statements for adultery why is it no ground to file a annulment case?
my ex-husband who was a former filipino divorced me here in the u.s. when he became an american citizen. he remarried a filipina. after 2 years, i got married to a filipino resident alien but i was still a filipino resident alien then as well. five years ago, i filed for american citizenship but my husband didn’t. he will file for american citizenship this year. if we plan to retire in the philippines after a few years and open a business there, do we need to file for dual citizenship? and, is there anything we have to do to make sure my past divorce and current marriage is recognized and is legal in the philippines before we go home to retire?
I am separated for 9 years and now living in with my girlfriend with whom I have a 1 year old son. My girlfriend and I wanted to get married,so everything will be in order,my son with her will be legitimized,and for her family to show.
My ex-wife and I,for 9 years separation have no cohabitation and only had met twice in those long years.The reason we separated was she became mentally ill and after about a year or so of taking care of her,maybe out of sadness for what happened in my life,I got involved with another woman,not my girlfriend.
My problem is I don’t have money to afford case in the court. I’m a jobless man.I don’t even know a lawyer,and I don’t even know where and how to start. Law offices I see along my way makes me shy away. Where Can I get pro bono lawyer?And if there’s none,what is the cheapest cost a man like me can afford?Yesterday I went to Public Attorney’s Office,and I was told that my case is hopeless,and it would take so much time.The lawyer I talked with recommended that I should go to matrimonial tribunal of the Catholic Church where there is hope for the annulment that I seek,and that I should just w son for him to use my last name.What is the right way to do?Thank you so much.
Hello Atty,
I’m married in the phils and I’m divorced in florida for 8 yrs. and my previous husband re marry last 2004…
I have a cert. authentication of my divorce papers from phil. embassy (washington)…
Questions:
1.) Do I need to registered my authentication doc’s? and if needed what’s the place.
2.) How it cost to file a foreign divorce decree.
Good afternoon to All. I have a big problem now about my status. I’m divorced here in south Korea and I’m hoping someone can help me. My ex-husband is Korean and I’m still Filipino Citizen. I already summit in the Philippines my divorced paper. It is possible that I can marry again? I’m 23 years old now. I want to know if what the next step I’m going to do? please help me please. Thank you in advance and God bless. This is my email address sisanna18@yahoo.com..
Fred,
My girlfriend is a filipino citizen and surely seeking annulment in her marriage. Her husband is a french citizen but both parties (whilst living apart) live in Philippines. My girlfriend has a 6 year old daughter from the marriage. My girlfriend is under the impression that irrespective of any custody arrangements imposed as a result of the annulment, once the daughter becomes 7 years of age, the daughter will be able to determine whether she lives with her mother or her father. Is this correct ? Is it more correct that this decision will be made by the Annulment judge.
Thanks for your comments
Hi Atty.,
good day, just want to asked if the “annulment is done” CAN I GOING MARRIED AGAIN HERE? hoping for you answer. thanks and More power.
Sweet25;-)
hi sir. im lea garlando from caloocan city. i just want to ask you and im hoping you will answer it before august 4. CAN A FILIPINO NATIONAL REMARRY AFTER DIVORCE FROM A FOREIGNER?
I have been marriaed for 9 years, troubles started on the 5th year from habitual lying and obvious negligence of financial support from my husband… he had also been trying to have a job that never happened and usually not home for months before saying he is trying to apply for a job abroad.. i tried working out the relationship since we got 4 kids and im considering the pride of the marriage, until 2 and a half years ago, he told me that he will finally look for a job in Cavite, since then, i had no news and any support from him. I am now wanting to end up the marriage legally since it should have been a long time ago, I and my children have not changed our address and phone numbers. Is there any chance for me to get out of this marriage. I need help.
i’d like to ask about my problem of my brother..yong wife nya nasa japan and gusto nyang mag file ng presumtive death ano po ba ang kailangan pwede ba siya o ako ang mag file at san court kaya pwede at gaano dw po katagal pati yong babayaran.