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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sir pano po ba mag file ng presumtive death at gaano po ito katagal
thank you.
Hi Atty Fred, I hope you can give me advice on this issue. Here is the case,
They’re not living on the same roof for almost 6yrs now. Since may problema na talaga pagsasama nila for many reasons na di magkasundo. The guy is something Silahis pero di nya mailabas or tinatago lang. When you see the situation parang ginagawa nyang panakip butas yung family nya to hide what he is. Many times na din syang nahuli for a sign of pagiging Silahis. Un din siguro reason why di sila mgkasundo. Talo pa yung girl kung dumakdak, and iba ang attitude nya. We can say may Psychological Incapacity yung guy. Kahit sa mga kids nya he never act like a father. All he did to his wife is to turn her down ganito, ganyan… Now the girl is fed up and feels a lot of pain and want to end their marriage for her to move on. He confront his husband and he refuse for the annulment for many reasons like property and other things. What will be the best move for this case… PLS HELP!
Atty, in this case po mga ilang months/years matatapos yung proceedings if ever ayaw nung isang party. And how much would it cost? Thanks a lot…
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I would like to ask about the divroced certificate obtained overseas.
I was married to a foreigner, we were married here (civil ceremony), and i am presently here in the Phils. My Ex-Husband filed for divorced 2004 in Melbourne Australia and the divorced certificate is now in my hands. I managed to aunthenticate the documents from Australian Embassy here and at the DFA…and my questions is…how can i file with NSO that i am already divorced?? Do i still need to file a petitions at the court so that NSO would acknowledge my divorced certificate? Can i still get married overhere? What would be the legal actions to formalise everything that i am already divorced.
Hope to hear from you?
Hi. This thread is really informative. I would like to ask about the case of an “uncontested divorce” filed by the foreign husband in the US. I have heard that a divorce by “mutual consent” or “agreed divorce” in countries such as Japan and Korea cannot be recognized here if the filipina spouse files a Petition for Recognition.
Is an uncontested divorce obtained by the foreign spouse in the US the same as the consensual divorce in japan?
I have this predicament that the divorce in the US, which is agreed divorce, will be tagged as the same consensual divorce and will not be recognized here.
Additional facts:
The petitioner is the foreign husband..
Grounds are:
1) no cohabitation for 5 years
2) marriage not consummated
3) no children
4) no property to divide
I hope you could help ease my confusion on this. Thank you so much
hi,
if you had both civil and church wedding and wanted to file an annulment, will the procedures undergo for both civil and church? i am no longer a filipino citizen, is there any difference in the filing of annulment.
thanks
Hi,
I’m 24 years old..married for 3 years.. My husband met an accident 2 years ago.. Now, he’s suffering from amnesia.. He doesn’t recognize me even our daughter… she’s 2 years old.. it seems like the time that he’s not in good condition is longer than the time we spent our marriage together… although we have lots of issues to discuss with way back before he had this accident… like vices, money matters, third parties, etc. in short.. we were not really in good relationship.. we even thought of separating but still waiting for the right time to do so.. with all these legal and family matters/concerns.. going back to his condition… he’s neurologist/psychiatrist confronted us that he won’t get back to being “normal” as to before he had his accident.. but we’ll try to make him “functional” as what a normal person does.. his memory could be back 3 years 4 years 5 years from now but with no assurance… sadly it could never come back… his doctor added.. I know my responsibilities as his wife and until now im stil doing my part and even if were through i’l be doing the same until he gets healed.. but right now i want to be enlightened… what will i do sir?! Can this scenario be a basis for annulment?! how can i decide on this matter? we’ve thought this before he had his accident but now that he’s suffering from amnesia, how can i pursue such decision?! he’s incapable?! please sir… thanks…
My partner is married in the philipines, has gone through the annulment process (which her husband objected) and is now stuck married to someone who has hurt her greatly. Also, her properties and bank accounts cannot be touched, even though they were hers before she was married. Does anyone have any solutions to our problem?
Also i need to ask, why is the Philipines so backward in its social law? Divorce is sometimes nessessary for health reasons, both mental and physical. Is the country stuck in the 1600’s? How could filipinos stand for this law? Any other country would not allow its citizens to be stuck in situations like this.
hi,
i’ve been separated for 14 years now with my first wife. is this a legal way to divorse my marriage with her.
im having a family at this time and live comfortably with them.
how can i obtain to fully dissengage my marriage life with my first wife.
also at what stage or age whom we are abliged to sustain financial to our kids from broken marriage, am i obliged to make a financial sustain until or up to the children of my children?
please i need your advise.
I was married abroad year 1997 and went home to phil. and renew our vows in the church year 1998 in spun of 2 yrs & 8mos we lived as husband and wife but i worked abroad again yr 1999 a month after i received a letter informing my husbands infidelity in phil. From then on we had unsettled differences till we had no communication at all. and was totally abandoned marriage until now. No kids, no properties. It’s running 13yrs of separation and or abandonment.
If i file an annulment will this be enough grounds and how long will it take to be free at all.
Please advice.