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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Lara, please read this article on “Annulment, Divorce and Legal Separation in the Philippnes: Questions and Answers“. Good luck.
Magdalena, congrats. There’s a “waiting” period. I trust that you will find the answers in another post in this blog – Steps and Procedure on Annulment and Declaration of Nullity of Marriage (click here).
There may be related posts. Please use the “Search Function” or the “Related Posts” portion, both at the right sidebar. Happy hunting.
hi attrny fred atlast my decision finally came out,but i dont know what steps i have to do coz i only have the decision.my lawyer told me its up to me to decide if gusto ko pa ituloy sa kanila,i was shocked coz ano un? kesyo need pa daw sa solgen etc,so it means nde pa ba iyon ang final decision? need to wait daw bago ko i pa register where i get married and sa nso,pls help me again attrny.thanks
Magdalena, yes, there’s a chance that it will be opposed by the OSG, and there are many cases opposed by OSG. Just pray your case is not one of them =)
hi attrny fred
i found out wala pa pala finallity ung decision ko so dadalin palang pala nila ung decision sa osg… is there any chance po ba na ma oppose ung decision? marami po bang ganong case from osg?
Hi i am a UK citizen that got married in the Philippines to a Filipino but it was a huge mistake so is there anyway i can get divorced via the UK and sometime in the future get Married again to another Filipino?
hi im melissa im an american citizen… im half filipino half american.. im 21 yrs.old…i was married wen i was 18 to a filipino citezen.. we got married in the philippines… and im here in the states.. i dont want to petition him cause i found out he was using me to come here in america…what’s sad is we have a child together.. i want to divorce him??but how? cause we got married in the philippines.. and he’s in the philippines… would they consider divorce or annulment???plz help me! salamat
you have to file a petition here in P.I…
Is being an alcoholism a ground for legal separation.
Alcoholism means when he cannot stop drinking until he fall asleep in the chair where he is drinking and he sometimes exhibit maliciously when he is drunk
Atty Fred,
Thank you so much for your reply on my March 1st email blog to you. Now I know that after reading all the articles, I am still considered a married woman under Philippines Law since I am a Filipino citizen, and I was the one who filed for a divorce here in US. He remarried there after he got the divorce decree that was mailed to him by my lawyer here in US. After that I was told by his woman that he got a legal capacity from the US embassy to get married, does that mean that his marriage is not valid? “void” after all? if so, it means that whatever property he had accumulated during our 23 years of married life , my adult children are also heirs and I have rights on everything. Sadly, but my husband died in July 2006. The problem is that the other woman he married is trying to claim what she wants and is asking us to accept what she wants to give us as a settlement per her text via cell phone. I am still confuse. Should I get my own lawyer there in the Philippines or here…i know that legal advise is not allowed. I just want a little knowledge on when and where to start if I pursue. thank you again!