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,
good day! if a foreigner marries a filipina here in the philippines and then files a divorce in the US, is he still allowed to marry again here in the philippines to another filipina? and is the 2nd marriage recognized valid under philippine laws?
thanks to so atty!
-robbie
hi!
I got married 10 years ago and been separated for 8 1/2 yrs. I would like to file an annulment only to find out that he is now out of the country. But his parents still leaves at the same address. My question is how is this going to affect the process of annulment?
Hello Good Day,
I`m new here and i`m here to find the answers of the question I have for a year now.I was married with a foreigner way back June 8, 2005 here in Cebu,Philippines.He stop supporting me and he don`t email me for a year now.I found out with some sources that his into 4 civil cases in the US and found also his out of financial support.I want to know what Legal steps I need to do.
Thanks..
Does anyone know the outcome of Blu2luv? I am wondering about the situation were the filipino is shown as filing the divorce with the foreigner. we have a child (no previous children) and are hoping that our marriage may be recognized in the Philippines. my wife has divorced a Korean citizen. We are in Korea (I’m American). I’m sure this will be important for a visa petition to the United States.
Robbie, that’s a very interesting question and perhaps we could post that separately so that the community members can discuss it.
Darlah, perhaps you may want to refer to this post:
http://pnl-law.com/blog/steps-procedure-in-annulment-declaration-nullity-of-marriage/
Coyote, please discuss the legal options with your retained counsel, as we could not dispense any legal advice here. The practical issue is this – if he is a foreigner and he is abroad, how will any judgment arising from a case filed here be executed? Good luck and God bless.
Atty Fred,
hi, im 32 years of age, a californian residents. im naturalized US citizen at Age of 17. I got married in Philippines back in 2003. after 4 years unfortunately im having a divorce. my question is Am i able to re-marry again in the philippines.
Atty Fred Good Day!!!
I am married in a Muslim Rite here in the Phils. My husband is a Muslim. Now we were planning to marry in Civil Rite. My question is Can he still marry another woman in Muslim Rite inspite of being married in Civil? Can we be married in Civil even if he has not process his divorce paper with his 1st wife. They were married in Muslim Rite too.
Hope to hear from you soon.
God bless!!!
good day jlp people!!! I was married here in the Philippines and had two kids with a Japanese, after years of marriage we got divorced, he remarries and divorced again..Here is my dilemna, I want to remarry here in the Philippines but I dont know the procedure to take…Can you help me how to start.. Thanx
Atty, Fred
Good morning,
I am Australian Citizen and living in Australia for 12 years. I was married to a Filipino in Philippines in 1991. We lived together for two years and had child together got separated but no child support from him or anything. In between of our separation, he was living with another women and had kids.
1994 when I met a British/Australian in the Philippines. 1996 I went to Australian for Permanent Residency. In 2004 I filed a Divorce for my Filipino husband in Australia. 2005 when me and my British/Australian partner got married in Australian Civil Registrar and living happily.
2007 when I went back to Philippines for Holiday, when I saw my ex-husband and confronted me about our married.
The question is, How can I apply for our Divorce to be legalized or recognized in the Philippines. I just want him to be out of the picture. Where can I get Certification that Certify and proven that our Divorced is legally recognized in the Philippines.
Please help me with this?
Regards
Hi. I have a filipino friend who has a filipino wife. They separated and The wife went to US with their daughter and already a naturalized US citizen. Now the wife will file for divorce. Now my question, Will divorce be acknowledge here in the philippines? how about their status here in the philippines? still married or not anymore? Will he still be able to remarry here in the philippines?
Hope to hear from you!
Thanks and God bless.