Divorce is not allowed in the Philippines and divorce secured anywhere by a Filipino is not recognized in this jurisdiction.We already have a number of discussions on this. In certain instances, however, a divorce validly secured abroad may be recognized here in the Philippines.
What are circumstances that would make Article (Family Code) applicable?
We have a basic discussion on Article 26 of the Family Code (see: Divorce and Annulment in the Philippines). Included in that discussion are the two elements that must be shown before the second paragraph of Article 26 is applied:
- 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.
Is this provision applicable to former Filipinos?
Yes. A Filipino who loses his/her Philippine citizenship is treated as a foreigner-spouse for purposes of applying Article 26. [See Mixed marriages]
This law provides that the divorce must be secured by the foreigner-spouse. What if the foreigner-spouse continually maltreats the Filipino/Filipina spouse, isn’t it unfair that the Filipino/Filipina can’t initiate divorce?
Prior to the change in jurisprudence, the Filipino spouse cannot initiate the divorce proceedings even if he/she is maltreated by the alien spouse. notwithstanding the fact of being abused. It resulted to an unfair situation. [This reply has been updated in light of recent jurisprudence. See Mixed Marriages and Divorce: When One Spouse is a Foreigner, Divorce is Recognized even if Initiated by the Filipino Spouse]
If there’s already a divorce validly secured abroad (by the foreigner-spouse or the Filipino spouse who became a foreign citizen, losing his/her Filipino citizenship in the process), can the Filipino spouse immediately remarry?
No. The existence of a valid divorce decree does not automatically entitle the Filipino to remarry in the Philippines. The foreign divorce decree must be judicially recognized in the Philippines. This means that the proper action or petition must be filed in a Philippine court. For purposes of re-marriage, the divorce validly secured abroad is not automatically recognized here in the Philippines. [See: Process of Judicial Recognition of a Foreign Divorce Decree]
Isn’t it enough that I already forwarded the divorce decree to the Philippine Embassy (or the Department of Foreign Affairs) and the National Statistics Office (NSO)?
No. The foreign divorce decree must be recognized here in the Philippines — a process which can only be done through the courts.
Why should we waste money in filing a petition in court for the recognition of the divorce decree?
This is the requirement of law, unfortunately. The divorce decree must be proven, just like any fact, in court. The presentation of the divorce decree is insufficient. Proof of its authenticity and due execution must be presented. This necessarily entails proving the applicable laws of the jurisdiction where the foreigner-spouse is a national. One of the requirements under Article 26 is that the decree of divorce must be valid according to the national law of the foreigner. [See Process of Judicial Recognition of a Foreign Divorce Decree]
- Twin-Notice Rule and Procedural Requirements in Employment Termination Proceedings - June 3, 2020
- When Travel Pass is Needed for Interzonal Travel during Community Quarantine - June 1, 2020
- Can Companies Compel Employees to Work during the General Community Quarantine (GCQ) and Impose Disciplinary Sanctions - May 29, 2020
Hi Atty,
I was married here in PH for almost 6 years now. My filipino husband is currently in Hawaii and filed for a divorce although he is not yet a citizen and they grant it. How can I use it in court to sever our marriage.
thanks,
Apple
Hi atty, My petition for recognition of foreign divorce decree is on-going for almost 2 years na, I have presented all the divorce documents na pinadala sa aking ng ex-husband ko, i-followed all the process and publications and everything, pero ang hinihingi sa akin ng Phil court ay ipa-certify ko pa sa U.S. court lahat ng documents na na-file ko. I Have to admit some of the documents were photocopies dahil yung original nakafile sa California county, pero yung Entry of Judgement from their court ay original ang sinubmit ko. It’s difficult for me to secure yung requirements nila dahil nasa U.S. yun and wala naman akong pwedeng mahingan ng tulong to get those certified. What other options do I have if in case hindi ko ma-comply lahat ng gusto ng RTC? Does this mean na madi-dismiss ang case ko?
Sorry, atty to add to my previous post. My attorney also told me that the US Embassy here cannot certify my documents. Is there anything that we can request from the US Embassy to help substantiate my divorce papers? I was told by my attorney that my case would normally take only 10 months to process, kasi wala kaming anak or property ng ex-husband ko, and as far as I know me family na syang iba. I want to restore my single status para naman magamit ko yung mga benefits ko and at the same time remarry. Hope you can help me. Thank you
Hello i was married in the Philippines to a japanese man year 2002.we divorced yr 2007.now could i use my divorced paper that i got in japan and it translated in japan embassy for applying fiancee visa in the USA.or i need to recognized my divorced here in the philippines before im applying my fiancee visa thanks
Marriage between a Filipina and a U.S. citizen took place in the Philippines. However, when marriage happens, the U.S. citizen’s previous marriage was not yet final in the Unites States. Under Philippine law, was their marriage void? Can you site a particular article on the Family Code of the Philippine that say so?
Thanks a lot for your prompt response.
Atty. Fred, need your advise. My Canadian fiance was divorced twice in Canada. His first marriage (as it was officiated here when he was still a Fil citizen) was filed for Judicial Recognition of Foreign Divorce here in the PH. We want to get married here in PH in October, do we need to have the second divorce filed for Recognition of Foreign Divorce here in PH as well. It was a marriage in Canada when he was already a citizen there.
hi po, about sa apply kong recognition of divorce to a foreign spouse. mag 2 years na po ang waiting ko nkapag down payment na po ako ng 150k at may balance pa na 50k until now wala pa din daw po nsa census na daw po at waiting ng verification tumagal daw po kasi nilipat ng court full out daw po sa bulacan at nilipat sa san juan tapos na daw po ang decision na endorsed sa census at waiting na ng result . ang tanong ko po paano po ba malaman kung totoo or na fake ako? sana po mapansin nyo ang letter ko salamat po
may question po ako.. may anak po ako sa american father.. 7 years old na po ung bata.. nirecognized po nya ung bata sa birth certificate.. sabi nya sa kin divorced na raw po cila nung filipina wife nya sa u.s…but im not sure… kasi hanggang ngaun wala naman xa binabanggit kung may balak b nya akong pakasalan.. mahal na maha ko po xa kaya nagtiis ng walong taon…. i devoted myself to him and to our son… tapo nalaman ko nalang po na may iba pala xang babae pinagsabay sabay nya po kami. masaklap paiba iba babae nya. mula po pregnancy ko hanggang ngaun 10k lang po ung binibigay nyang support.. pinapadagdagan ko at kailangan sa pagpapatherapy ng anak ko pero ayaw po nyang magbigay ng dagda. basta nakafix na sa 10 tapos nalaman ko na nagbibigay pla xa ng support sa mga babae nya.. may rights po ba ako magdemand ng dagdag support sa bata? para naman po sa needs ng bata gagamitin. anu po pwede ko gawin pag nagrefuse xa?
may tanong pa po ako… nung nagdivorced daw po ung american husband at filipina wife sa u.s nung 2012 sabi daw po nung girl na pag nalaman nyang ibang babae ang dahilan ng pag divorced nila kakasuhan daw nya ung american guy ng adultery dito sa pilipinas at pwede nya makuha lahat ng ari arian nung lalaki, pwede po b un e divorced na po cila ngaun?
attrny im divorce na already dito sa japan pero sa pilipinas di pa ako single pano po ang dapat kong gawin? bakit po hindi ako pwed masingle sa pilipinas kong dito nga sa japan single na ako bakit po ganun pwed ko naman po pakita ang certificare of divorce ko..yung dati ko pong asawa single okay na papel nya pero ako till now apelyido pa rin nya gamit ko po?ang hirap po sa katulad kong divorce na nga po dito tapos gamit gamit ko pa apelyido ng dati kong asawa help me po attrny.. maraming salamat po