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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Im a foriegner who married a person who had hidden alterior motives. Other then love. If i file for divorce in my country is it recognized in the phil?
Hi there… I need a legal advice.. I am filipino married to a British guy.we live in a Gulf country… If we decided to separate, how will we start?
If a couple got married in Dubai and divorced a few years later (Dubai), what should be the next step for them if one got in a relationship and want to get married?
Thank you.
Hi,
I have the same case. I got married when i am only 18 yrs old. Church Wedding.
After 8 years we ended up our marriage. He has new family now. I have boyfriend already. We never see each other from the day he left. We never got a chance to have a child. It’s been 7 years already that we got separated.
Even though how much we wanted to legalized everything we don’t have money for annulment.
Is annulment the only solution to my problem?
Thank you and Hoping for your response.
Sir /madam
I am a legally separated since 2008 my problem is I can’t remarry as I am not annulled yet . Is there a possibility to get annulled as it is been 8 years that I am legally separated . We have been separated for 24 years. Please help me what to do .
Thank you and God bless
Marriage between a Filipina and a U.S. citizen took place in the Philippines. However, when marriage happens, the U.S. citizen’s previous marriage was not yet final in the Unites States. Under Philippine law, was their marriage void? Can you site a particular article on the Family Code of the Philippine that say so?
Thanks a lot for your prompt response.
Good day.
I was separated from my husband for 33 years from 1979 to 2012. I chose not to live with him again for reasons of physical and verbal abuse, concubinage, professional lying and being irresponsible. We have 2 sons, now grown up. i filed a divorce in California , U.S.A. in 2009, the papers which he willingly signed before I filed it and was approved 6 months after. When I traveled to U.S. in 2012, I met a great guy and got married in the U.S. that year. I became a permanent resident yet still a Filipino citizen. I filed for U.S. citizenship and approved early this year, 2016. We are planning to retire in the Philippines maybe in a couple of years. Aside from applying again for dual citizenship, will my marriage in the U.S.be accepted in the Philippines legally through some of our amended laws such as Art.26 of Family Code? I would be very grateful if you could give some clarifications on this and also the prohibitions under Articles 35, 36 and 37?
Thank you very much! God bless!
Sir,
A filipino was married (civil wedding) to a filipina. Then, they both went abroad and got a green card. Recently the guy has finally acquired his american citizenship and been living separately from his wife. He wishes to seek divorce or annullment as he wanted to marry again another filipina in Philipines. What better ways for him to do? Get annullment as they were married in Phils or get divorced as they both are somewhat aliens now?
Can a filipina wife file a case in Philippine court against her husband (a naturalized US citizen) living abroad with his filipina girlfriend? can she file a case against the filipina girlfriend?
Hi Sir,
I been seperated to my husband for 6 years,he has another woman and they had a daughter,I already file annulment last year,I’m still waiting for the approval of my annulement,can I remarry to a foreigner after I get the approval of my annulement?