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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Atty. Fred,
Yes, I really understood. But i just really need answers for that questions. i was just really confused, i hope i could find answers for that. hoping to hear from you soon. have a good day
Eiruj, I also hope that you’ll find your answers. Anyway, I also know someone who has two set of records (birth certificate) with the NSO; the only difference is the spelling of her name (well, plus the date when the registration docs were prepared and the name of the person who caused the registration). There’s a no-fault divorce in the U.S., so it may not be necessary to dig deeper into the previous status of a person. In other words, I guess your concern is not really limited to divorce, and that’s precisely why we can’t go further.
Sir i am married under the civil law here in the philippines but my husband is a muslim convert after we got married and now he petition for divorce and it’s already granted by the shari’a law and when i asked a copy of our marriage contract at the NSO office there is annotation already that it severed terminated is it mean i am single?
debbie
Atty. Fred,
Thanks for your reply i appreciate that and hopefully you wont get tired to reply all my messages and questions, you really help me a lot. Anyway, my ex-husband went to the court and annulled our marriage but i wasn’t there cause i have no idea that i have a court hearing so my bono attorney didnt inform me about it. so is there any chance that i could contest it to the court? cause all my papers are really original from NSO and still got the original receipt for it? thanks for your effort for helping me. God bless you.
Debbieh, as a rule, a record of the divorce with the NSO means that the parties are no longer married. However, please don’t take this as automatically applicable to your case. I’m not really too familiar with Muslim laws, although I understand that the Code of “Muslim Personal Laws of the Philippines”, as far as marriage and divorce are concerned, applies where both parties are Muslim (or the male is Muslim) and the marriage is solemnized in accordance with Muslim law. Even for marriages solemnized under the Family Code, and not under Muslim laws, an annulment or declaration of nullity requires, among others, the partition and distribution of the properties (in case of non-compliance, the subsequent marriage is null and void). Maybe we’ll have subsequent articles on this matter.
Eiruj, kindly consult first with the lawyer (even if pro bono) who handled your case. Ask him/her what happened. Good luck.
Magdalena, I’m sorry to hear about your predicament. This is something that you should be discussing with him pursuant to the high level of trust that’s required in the attorney-client relationship. I strongly recommend that you talk to him first and ask for an explanation for the delay and the need for additional funds. Settle this matter among yourselves before even thinking of bringing in others into the picture. Good luck and God bless.
i filed my annulment last feb 2006 my lawyer asked me for 150 thousand pesos and he said he need half of the price to manage everything but since i work in china he asked for 100 thou as initial deposit and he signed the contract that he get 100 thou from me…and in that contract he says im going to pay the remaining balance when the i get the decision of the court but starting nov 2006 he asked for the rest of the money which in the contract he can only get it when i have the decision but he said he need it to facilitate my case….i dont have choice i still give him the money and he said the 150 thou is not really enough is that true? i gave the rest of the money last jan 2007 and he the decision will be end of feb but upto now i still dont have it they his a lier!and now he still keep on telling me lies is the any chance i can sue my lawyer?
gusto ko na po sana i withdraw ung case ko sa kanya kc wala naman po sya ginagawa 1 year na po ung case ko still wala pang decision…is there any possibilities na i widrow ko ung case at makabawi man lang ako sa pera na nabayad ko? na sa kanya na lahat ang pera fully paid pero dapat sa contract na pinirmahan namin makuha nya rest na pera after the decision
You’re always entitled to change your lawyer. I can’t, however, comment on whether you can recover whatever you paid. You may or you may not, depending on the circumstances.
I am in search of information of annulmant. I have received a letter back from the NSO in Manila that states no marriage can be found between myself and my husband.I also checked with my local LCRO with same results..no marriage can be found. Next I checked with the Church I was married in and the records had been removed by my mother in law and never returned..Can and should I continue too persue an annulment if there is no proff of marriage. What should I do..
Lara