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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hi,please help me po kc sobrang gulong gulo ako kc i dont know anything about the law especially about marriage and divorce…my japanese husband and i got married in japan last july 2006 but before the wedding i found out that my husband had a previous marriage to a filipina before me, he never told me about this it happened when i saw the papers from the phil embassy translated in english already..they got married on jan2005 in the philippines and after 1 year my husband file a divorce in japan so he got the divorce paper 1month before our wedding (june2006)they had a child but according to my husband that time he was just confused because the girl is claiming him as the father of the child that she’s carrying but he keep on telling me that he’s not the one ho’s responsible for it,now i just want to know if their divorce is also valid in the philippines although it was done in japan,because we are planning to have our second wedding next year in the philippines and if our marriage here is also valid there and if not what should i do to make everything legal?please sir help me…and can u pls give a me contact number because i’ll be needing a legal service because my husband is planning to adopt my children…thank you and i hope to get a reply from you soon!
I am confused now..i need help is anyone there to advice me
Please just reply and i tell my story..
many thanks..
Everyone,
Perhaps you could find your concerns in the newest installment of the Q&A on this topic:
http://pnl-law.com/blog/annulment-in-the-philippines-questions-and-answers-qa-part-3/
I have to do this to save space and for orderly presentation. For those questions that are not related to the updates, please be patient and wait for future updates. Thank you.
Hi atty fred,
sana po bigyan nyo po ako ng advise.kinasal ako year 1995.15 years old lang ako noon. at yong partner ko ay 30years old. ate ko dapat ang ikakasal.kaya lang ate ko nag run away. ako ngayon ang tumayo na nagpakasal.at sinalo ko ang kahihiyan namin.after 2years nag abroad ako.bihira akong umuwi dahil nga d ko sya mahal at di rin kami magkasundo.tuwing nag aaway kami noon hinahabol ako ng itak.1997 nag abroad ako.hanggang ngayon nandito pa ako sa abroad.5years na d na ako umuwi at di na kami nag kita.pero nong kinasal kami wala akong birth certifecate na hinanap.pero ang nilagay na edad ko ay 20 years old.judge kami kinasal.noong pumunta ako dito sa abroad nag pa late register ako ng birthcertifecate.para lang maka kuha ng passport. pero lahat ng papers ko dito sa abroad ay single pati passport ko ang ginamit ko ay apelyedo ko.ngayon ang tanong ko po pewede ba akong mag file ng annulment.kasi nga d ko sya mahal.isa pa napilitan lang akong mag pakasal sa kanya.sana po bigyan nyo po ako ng advise.d ko po mapipilit ang sarili ko sa kanya.lahat ng tao sa amin alam nila ang lahat na pangyayari na di dapat ako ang ikakasal.kina usap ko minsan ang husband ko na bayaran ko sya para lang pirmahan ang papel na wala na kami.pero ayaw nya.humihingi ng malaking pera.pero wala ako ganoong halaga.ngayon ang gusto nya pera lang.sana atty.bigyan nyo ako ng advise.kong mag file ako.gaano ba katagal?pls.help me soon.laging tinatakot ang family ko.makaka uwi me dyan sa pnas anytime pls.help me thank you.im waiting your reply
hello po attorney,
gusto ko po mag file ng annulment, itatanong ko lang po kung pdew un reason ko na paulit ulit na pagsisinungaling ng asawa ko, kasi nuon may babae sya 2 years ago na po, tapos po ngayon taon na nman na to meron naman nangako po sya na hindi nya uulitin un tapos unulit pa rin po nya.. tapos sbi nya skin hihiwalayan na raw nya po un girl pero hindi pa rin nya hinihiwalayan meron pa rin sila relasyon paulit ulit nyang sinasabi na hihiwalayan na nya pero di nman pala totoo.. pero sakin pa rin po sya nauwi araw araw.. pero po sa ginawa nya skin nawalan na po ako ng gana kaya gusto ko na po tlaga mag file ng annulment nag sasawa na po ako sa mga kasinungaligan nya, di na po ako masaya sa mga pag sisinungaling nya sa kin.. sana po mapayuhan nyo po ako kasi baka masiraan lang ako ng bait sa kunsumisyon dito sa asawa ko araw araw lasing… nun dati di ko naman po alam na lasengero pala sya.. saka ko lang po nalaman nun kasal na kami nag sinungaling po sya skin.. 8 years ko syang pinakisamahan, kala ko magbabago na sya hindi pa rin pala.. ang dami kong chance na binigay sa knya pero wala po tlagang pag babago… salamat po sana po matulungan nyo po ako.. ang gusto ko lang pong malaman kung may chance po un marriage ko na ma annul.. thanks po god bless you its
Hi Atty.,
I want to ask if one can file annulment, bigamy, concubinage or adultery all at the same time? Will any of the last 3 affect the approval of nullity of marriage or the decision of court to annul the marriage? With the following details, is it possible to win in all cases above?
1. The marriage license in the marriage contract is dated the same day as the wedding date therefore not undergoing the waiting period before the license can be used?
2. The church and venue in the marriage contract does not exist and never existed.
3. Within the marriage the couple did not live together. (does 2 months of renting a room count?)
4. The girl left the husband because w/in 2 months in same room, she was many times physically/verbally abused by beating and the guy tainted woman’s personality/reputation both at work and socially by emailing and texting her friends and officemates with malicious and wrongful accusations and made up story.
5. No property and no child.
6. Have not seen each other for 3years.
7. Guy has a child with another woman and was involved with other women before her.
8. They might be living together and the guy’s family knows about it and condones with their set up.
9. The woman knows the guy is married even before the relationship and child.
10. I have pictures of the child and woman with the guy during the birth / christening / etc.
Can you advise on how to proceed with the filing of these cases? I want to have the annulment and charge both with criminal cases.
Thanks. Hope to hear from you soon.
Sam
Gdmorning! Could you pls help me with this? My uncle is a Filipino. He is a US Citizen when he got married here in the Phils twice to the same woman (Civil 1998 and Church i think 2001). They have a son. My uncle wants to divorce her in the US and wants to marry her gf here in the Phils. I’ve heard that as US Citizens now, he only needs the Divorce Decree. I’ve heard its faster than annulment. Does this Divorce Decree need them both to appear in court here inthe Phils or just my uncle? He is a US Navy and asks if he doesn’t have to appear in court and could have just his lawyer to represent him. How long will it be until he is able to remarry his gf here in the Phils? Do you have an idea regarding how much would it cost my uncle? Thank you and God bless, could you direct your reply to my email at pinktopac@yahoo.com thanks a lot!
Good Day!
I am a Filipina and I was married in the Phils. After being married for less than a year I got divorced in Spain. My ex husband is spanish. Currently, I am still in Spain. I want to know if I am single or I continue to be ¨married¨ in the Phils. If it´s also possible for you to let me know if I am violating any law by staying here even though I am already divorced. I have my residence card, I now work here, and I pay taxes, social security etc.
I would really appreciate it if you could help me.
Thank you so much!
our muslim brothers and foreigners have more rights than the christian citizens of this country. there’s a divorce law in the muslim world and divorced foreigners are legally recognized. this makes the rest of the citizens of the republic of the philippines a bunch second class citizens of their very own country. this is really very distressing. why in the world there’s not a single lawyer who will petition the supreme court on the inequality and the unconstitutionality of the situation? the philippine constitution have guaranteed that all citizens of the republic of the philippines should have their basic equal rights. why can our muslim brothers have a divorce law and the rest have none? does this mean that the rest of the citizens of this country are all dumb? this is the only country on this planet who gives more better treatment to foreigners than its own citizens. recognizing their divorce while the rest of the citizens have to go through hell just to get an annulment. no wonder this country is going nowhere.
to all folks who might be interested on this article. i came across on this on the web and it is very fascinating.
SO YOU WANT AN ANNULMENT? Of course you do! Thanks to him you’re physically, emotionally and mentally abused. You’re tired of working your butt off, earning a living to put food on the table while he goes squandering his paycheck on booze and cheap women. Enough is enough, right? So you pack your bags, your kid, even your cat and left. But still, if he had gone after you, you would have given him a second chance. After all, there is no divorce in the Philippines and you’re married to the pig! But did he go running after you? Hell, no! Instead he celebrated his newfound freedom. No more wifey to ask him where he’s been when he’s supposed to be looking for a job. Why would he care if you leave? There’s still his mom to care for him and as for sex he can get that anywhere.
Yep…that’s my fairy tale. No living happily ever after.
It didn’t take long for me to realize that I made a grave mistake of marrying my ex-husband we’ll call under the pseudonym, Manoy. After the separation, I vowed never to trust another man again. If men can use women for pleasure, why can’t women, right? But I wasn’t ready to be a slut. What’s the next best thing? ON-LINE DATING. At least in the chatroom, these men don’t have any other choice but to talk. Plus, I can be anybody I want to be on the internet. Ahhhh…..the power of the internet is in my hands. Dating has never been so much fun!
I should be thankful Manoy didn’t try to get me back after I left him. If he had, I wouldn’t have met the man who will restore all my faith in the opposite sex. Eventually, I met my fiancé, on-line, in one of the penpal websites. We will call my “My Teddy” J He swept me away with his intelligent words, honesty and sincerity. Plus he wanted to meet me. He was willing to travel halfway around the world, where foreigners are being kidnapped by the Abu Sayyaf to meet me. Now…that, is something.
We fell in love and pretty soon we knew that we wanted to be together. One problem. Although I’ve been living as a single mother for two years when we met, I am still legally married to Manoy. No way My Teddy is going to live here in the Philippines. He can’t get a job here, he won’t survive the weather and most important of all, he has an 8-year-old son he will miss terribly. The only solution is for me and my son to join him in the UK. Here is where the annulment comes in. So many have offered advise on how to get me to the UK. To go to the UK as a tourist and then divorce Manoy there is the most popular. Apparently, it would be easier to go there as a tourist and then disappear than to actually file for an annulment. But My Teddy won’t have that. We both want everything to be legal and I definitely will not leave without my son. My Teddy is willing to pay whatever it cost to get me an annulment but first, he has to go back to the UK.
So off I went to see a lawyer and I have good-naturedly enumerated his advice for all you people still reading this :
1/ GROUNDS – PSYCHOLOGICALLY INCAPACITATED
This is the ONLY one that works. I won’t bother explaining why. If one of you is loony then it’s unfair for the other one to be in the marriage. But there’s a catch to it. It has to be proven that the lunacy had been there even before the marriage.
2/ IT HAS TO BE UNCONTESTED
The reason why annulments drag on is that one party will file a counter affidavit. Because the Philippine Family Code’s mission is to “preserve the Filipino family”, a counter affidavit is seen as an indication that the marriage can still be saved. This also means, I had to go see Manoy to convince him that an annulment is best for us, more for him, because he already has a girlfriend. At that time, he doesn’t know I have My Teddy. He’s got to gain more from it to make him agree. More than anything else, he’s going to get an annulment absolutely free. I agreed to cover all expense. Because I know that he will never admit that he is the cause of the break-up and that he will never agree to be the loony party, I had to be the respondent to the case and because I’m the respondent, I can guarantee that it will definitely be UNCONTESTED. Now, why would I file a counter-affidavit, right?
3/ PROOF THAT THERE WAS NO COLLUSION
The court will want to know that the annulment is not scripted. That is why it is important that the respondent never show his or her (in my case, my face) in court. They don’t want to make it too obvious that they were not really following proper court procedure. Later on I will tell you that this is all bs!
4/ MONEY TALKS….BIG TIME
One year after we took the first three items into consideration, and the case was still sitting at someone’s desk gathering dust. My lawyer, upon my instructions, “secretly” talked to the court clerk and asked him exactly how much it is going to take to get the annulment over and done with. Take note : the court clerk acts as the spokesperson for the judge and everybody else involved in that case. That way, if someone decides to squeal on them, the top guys don’t get into trouble. It was at this point that my lawyer was given a figure, 100 thousand pesos to get it final by December. It was October that time.
The 100 Thousand pesos will pay for the judge, solicitor general and initial investigator, everybody involved in the case. This will say that there was no collusion and that there are no objections to the annulment. So didn’t I tell you this was all bs?
5/ GAMBLE
Now, I’ve never gambled in my life. I was ready to back out. I was sure it was a scam. It will all be under the table. That means no receipts involved. It’s not my money I’m spending here, it’s My Teddy’s, his hard-earned money and he is not exactly rich, you know. But he said go for it. If it’s a scam then we lost a big amount of money and then we will have to think of another way to get you to the UK but if they turn out to be true to their word, then we won’t have any more problems. That’s when I know he really loves me.
The court finally pulled through and delivered their end of the bargain. My annulment case was over just one month after the pay-off. I should have thought about offering the grease money much much earlier! All in all, we spent P175 thousand for the annulment. Now, because of my annulment, my lawyer and the court are the best of buddies. My lawyer can give anybody an annulment in just one month for Two hundred fifty thousand pesos (P250,000.00). That’s right! It’s now as easy as buying aspirin at the drugstore.
So where am I now?
I am now in the process of waiting for my son’s and my UK visa. Two years ago when my fiancé and I started to live together, he took the time to register himself at the British Embassy and myself as the person responsible for him while he’s here. He took the time to know the people who might help things easier for me for when the time comes for me to file my application. He went back to the UK and did everything required to show that he has the means to take care of both my son and I and that means a proper home, a well-paying stable job and a fat bank account. He sent me letters every month, which I kept safe and he did the same for all his phone bills. He calls me every week. In the two years he’s been in the UK, he’s come to visit me four times, three weeks each time, not counting the 4-months he stayed here with me hoping we could wait out the annulment together. Our two-year relationship is well document and there is no reason to doubt that we are for real.
I’m now hoping we don’t encounter any more problems. We have gone through a lot. We’re in love and just want to be together. I hope that if I write another article it will be about my life as wife of my nice Brit guy in the UK. So….wish me luck and I’ll keep you posted.