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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My husband is american and we got married in the philippines. He wants a divorce. If i sign the divorce can i remarry freely or do i need annulment?as per family code paragraph 2 art 26 i understand i can but when i check annulment cases, i will be left out and cannot remarry anymore. We got married in tge church by the way.
Hi,
I am a Filipina married to a Filipino. My husband had an affair and impregnated the girl. I decided to file divorce since I am currently in US and I applied for divorce because of fear for my family’s life. Also, I don’t want my husband to be considered as one of my dependents while i am applying ng GC. The divorce got approved here in US but I am aware that the divorce was not recognized in the Philippines. My question is…If I become naturalized US Citizen can I re-apply for divorce again so that the divorce gets recognized by the Philippine law or can I have an appeal for the previously approved divorce be recognized in the Philippines.
Thank you in advance
Dear Sir / Mam.
I am an Indian National married to a Filipina in 2008 and we have a daughter, out marriage was held in Philippines. But due to personal differences we are not staying together since April 2013. But sometimes i used to visit her in hope that we could reconcile but we were unable to reconcile. In 2015 I met another Filipina girl though I was married and had relationship with her, during this time sometimes i still used to visit my wife in hope of reconciling, I met my wife and daughter last time in May of 2016 before returning to India. I wanted to return to Philippines as I was working in a call center and wanted to work there, But my didn’t wanted me to return also the other Filipina girl sent pictures of me and her together to my wife as a result of all this my wife wants annulment from me and says that If I come back she will file a case against me and put me to jail.
I realized my mistake that I should have not got into another relationship when I was already married. I still love my wife and daughter and want to reconcile. But my wife says of filing a case against me and put to jail if I return. What are the options with me if I want to return to Philippines so that I am not put in jail due to my other relationship. At the moment I don’t have any other relationship as I have already stopped talking with the other Filipina. I want to reconcile with my wife. Please advice.
thanks
Hey! I really need help with my case.
I married a Filipino guy in 2013, in the Philippines. Later that same year I broke up with him. I’m a FINNISH citizen, living in Finland. We never lived together or anything. I never made my marriage official here in Finland, so under Finnish law I have never been married. Am I still married in PH? I really need to get rid off this guy, he is really creepy and blackmailing me….still. I cant send divorcepapers in PH since I have not really been married to him in Finland. I dont even have the marriage certificate, only he does. Reason for our break-up: He lied about his parents, his age, his past, pretty much anything. And oh….he wanted me to send him money for his new business and he promised to give me the profits. I havent seen my money to this day, was scammed big time. Please help me get rid off this freak!
Hello.
Can someone give me the name of a lawyer that knows about Rule108 , ‘ the special remedial proceeding by which entries in the civil registry may be judically cancelled and corrected’.
I am a foreigner that wants to register my legally foreign divorce with my filipina ex-wife, and many of the lawyers I have been contacted, just wants the money and dont give an answer to the solution.
Some is even referring to the 2nd Article in the Family Code that should only include the Filipino spouse.
The Supreme Court held in Corpuz vs Sto. Tomas (GR 186571, 11 Aug
2010), stated that one in the Courts Ruling… That the Alian spouse can claim no right under the substantive right it establishes is in favor of the Filipino spouse.
Thanks in advance
I got married october of 2008 but my ex wife filed a divorced in canada last novembe of 2016 and was granted… She got the canadian citizenship and now married to a filipino citizen who is also residing in canada… My question is am i allowed to marry again in the philippines since i am now divorced from my ex wife? Need your advise please…
badly needed evryones help? im a filipina i was married bfore with a filipino and remarried with a foreigner who is muslim now we r in singapore and i gave birth here they dnt wnt to accept my daughter as a singapore citizen i also converted in islam i dnt know wat we should for me to be legally married here without being annulled? or any advised i can get for my daughter to become singaporian. singapore immigration said our marriage is invalid. even though its really registered.. pls help and enlightened me. god bless
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