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,
I am 17 yrs separated to my ex Japanesse, one week after the marriage that we were together he went back to Japan because of his work, knowing as we planned I was to follow him there within 2 months as I was waiting for Immigration to approve my visa.
During that time I was suprised to recieve a phone call from him saying that he is no longer waiting for me as he had heard that in the Philippines papers are often fabricated for a cost, which he told me that the marriage is not legal, no matter that I told him the marriage is legal but if he did not want to be married to me anymore then he can do the right thing for me and come back to the Philippines and get an annulment so that I can be free to get on with my life and if later on I find someone special then I will be free to marry again, as I think that is the least you can do for me.
His response was its up to me as he is not interested and it doesn’t affect him since the marriage is not registered in his country, and with that he hung up the phone.
After sometime when I had calmed down from the shock of his treatment to the marriage i decided to try and talk to him again, but only to find out the phone number no longer existed, and he had moved. So after many months of trying to track him down without success I became so disillusioned that I gave up trying to find him.
The reason it is effecting me now is because I have met someone whom I want to spend the rest of my life with and as he lives in another country but has put his life on hold to come to live with me for 1 year as his Immigration states that the least you can have to move to his country is living together and marry within the 9 months the visa is given.
So as you can see after getting married and actually only being together for only one week under the same roof before he went back to Japan it has been a hefty price I have paid for the last 17 years and even more so now as I have finally a chance at true love and happiness which I think I am entitled to now.
Now my question is if I will file for abandonment which I have been adviced to do since it was him that left me, will I still get the same entitlement as an annulment would? meaning will it show the like to an immigration department that I am now single and free to marry as I need this to show so that I can go and marry my partner in his country?
Thank you for any helpful information you can give me as well as an estimate of how much will it cost for an abadonment, aswell as the cost of an annulment if need to be done that way.
Again thank you very much, hoping for your reply.
Yours Sincerely,
Dana Melissa
Danna Melissa,
I’m sorry to hear about your predicament. Abandonment is a ground for legal separation, not annulment. Even if the petition for legal separation is granted, the petitioner CANNOT remarry because the marital tie is still legally existent.
Atty. Fred,
Me and my boyfriend plan to go to US that time.After submitting all the requirements ,the papers was approved. Since both of us are nurses,my boyfriend told me that its better and easier for us to process the papers if we are married plus i dont need to take any examination anymore if he can take me. Well, I am not really sure even ready for that…I dont have any plan either to marry him.My parents doesnt like him and keep on telling me that they dont trust him.It takes months before I agree with one condition.He told me that we will just present the paper that we are marriage but he wont submit it in the Census Office.Its my eagerness to go to US I agree to do the ceremony last Nov. 2003 in Manila City Hall.No one in my family knows about it..only his friend who stand as a witness & the other guy. For sure the person who did the ceremony is not a judge ,my boyfriend just told me he is allowed to do it.My boyfriend arrange everything,since I dont know anything in Manila.I grow up in a province.We never been together after the marriage.I still stayed and live with my parents and we just see each other in work and off work.After one month my papers was approved in UK.I left Philippines 15 of January 2004.
That time my fear start ; he keep calling me 20 or more a day. I realize how jealous and crazy he is.He start disturbing me at night and even in my work.He start accusing me that I am with somebody here. He even send e mail to my employer about me and telling them to send me home because I am not safe here. I am just lucky that my employer is good.After they received several e mails they inform and talk to me. After all this embarrassment and burden i start hating and getting angry to him.I start to ignore all his calls and after a month of silence he called me oneday informing me that the thruth is he submit the papers to the Census and he is sending me the copy.I really dont know what to do that time…My whole world just collapse because of my stupidity.I keep on working blaming my self everyday of my life…but life must go on. Its been months after I recieved a call again from him telling me he is in New York now.He filled a petition for me and he even change my surname to his surname.I did not change anything in my status since everything is fast forward.After our last conversation I told him to stop bothering me..and I want to cut any connection between us.He said its okey and he said he already consulted a lawyer to fix it. We never see each other for almost three years and a half now.I really dont know whats going on on his mind.For sure I want to clear my status.
Can I file an annulment ? I never consulted any lawyer about this.But I think I am ready now to face it after this years. Can you please adviced me.
Thank you very much for the time.
Regards,
Tiffany
Tiffany, first off, I have to say that legal advice is not dispensed here. I have to repeatedly apologize for this (and I hope you understand), as we’re prohibited from doing so.
In general, a marriage is valid as long as the requisites are present and, more importanly, presumed to be valid. The number of years that the spouses are not together is not a ground for annulment. Lack of consent is also a ground, but proving it is easier said than done.
You should not blame yourself for this situation, because blame gets you nowhere. You’re correct that you must move on. Of course, a married person who wants to get our of a bad marriage can always file a petition for annulment or for the declaration of nullity of marriage, but whether or not the grounds invoked are sufficient is an entirely different matter. Your lawyer can best tell you what’s the ground for annulment (or declaration of nullity) best suited to your situation (and if such ground would most likely be sufficient to secure a favorable judgment from the court). Bottom line is, consult your lawyer, as you would need him/her anyway when the petition is filed.
Atty. Fred,
My dad is in the US for years now. My parents never legally separated but my dad just left to work abroad. Now, my mom received divorce papers which is signed by my dad but not his lawyer. He’s pressuring my mom to sign it. Does she need to sign it for the divorce to be effective? I think my dad is became naturalized but he never admitted it to us. We even received another court document saying that my mom needs to reply within 30 days or else she’ll get sued! This is just ridiculous… Is this valid?
Atty. Fred,
Im a filipina 33 years old. married in foreigner muslim since 1994 in Manila.We have 3kids.But after 6years of our married we got problems and decided to divorce.but i really dont know where and how to start.maybe i need an atty.who proctice divorce law? but i dont know were to find…
please i really need your help and advice. thank you… God bless…
Suzanne, the procedure is properly the subject of the proper state law, wherever the proceedings for divorce was filed in the U.S.
hi sir. good day. i’m karen 24 yrs old. presently working in kuwait. i got married sept 2001 at the age of 18. after a year his mom took my husband here in kuwait to work. first year was ok sending text messages everyday, calling. but after a year everything change. communicating only after 2 -3 months and eventually we had lost our communication for almost 6 months. then something happened, his mom called me and told me that he was caught by policeman for illegal drugs and ask me if i wanted to see him here.( he stayed here for more than 3 yrs before i came, but they only took me when he is already in prison) so i came here oct 2005 and decided to work while waiting for courts decision. he was sentenced to 5 yrs imprisonment on illegal drugs. luckily after almost 2yrs of imprisonment he was pardoned and sent back to philippines. we communicate through phone and things are entirely different now and we are having a lot of difficulties understanding each other. his attitude is somewhat different from what i had known him before. saying bad things if im not able to send money inside the prison, telling crazy things and accusations. with the mother in law doing certain things that is really against my will. it was last january when we decided to be on a separate ways, though we haven’t talk in person since we never had a chance here. we’re in good terms now. he’s back in the philippines. i have found a new muslim foreign partner in life recently and offering me a marriage. i just wanna know atty if its posible for me to remarry again? and can i file annulment here in kuwait? i heard his mom is planning to take him here on december, will it be easier if we’re both here? thank you so much. pls help me. ..
Karen,
Petitions for annulment between Filipinos, or those initiated by the Filipino spouse (in a marriage between a Filipino and a foreigner) may only be filed here in the Philippines. Good luck and God bless.