Is a divorce obtained abroad between two Filipino citizens valid or recognized in the Philippines?
No. There is no law allowing divorce in the Philippines. Thus, a divorce decree secured abroad dissolving the marriage between Filipino citizens shall not be recognized in the Philippines.
Why is a divorce obtained abroad by Filipino citizens not valid?
Why is a divorce obtained abroad by Filipino citizens not valid?
The divorce is not valid for the following reasons:
1. The Philippines adhere to the nationality theory. Article 15 of the Civil Code provides that: "Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad." Divorce certainly affects the status and condition of persons. Since absolute divorce is not recognized in this country except among Muslims, therefore, any decree of absolute divorce obtained abroad is not valid.
2. It is well-settled in this jurisdiction that absolute divorce is contrary to public policy and Article 17 of the Civil Code states that a declaration of public policy cannot be rendered ineffective by a judgment promulgated in a foreign country.
What if the marriage between two Filipino citizens was solemnized in a country where divorce is allowed and a divorce was obtained there later, will the divorce be valid or recognized in the Philippines?
No, even if the marriage between two Filipino citizens was solemnized in a country where divorce is allowed, a divorce obtained there will not still be recognized here since Article 15 of the Civil Code applies to Filipinos wherever they may be in the world. Article 15 of the NCC provides that laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.
What about a divorce between a foreigner and a Filipino obtained abroad? Will it be recognized in the Philippines?
It depends.
1. If it is the alien spouse who initiates or files the divorce action, the divorce will be recognized pursuant to Article 26 of the Family Code which states that: “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.”
2. If it is the Filipino spouse who initiates or files the divorce action against the alien spouse, the subsequent divorce will not be recognized here in the Philippines. If that Filipino gets married here again, he or she can be prosecuted for bigamy.
What if the parties, 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, capacitating him or her to remarry, can the Filipino spouse likewise remarry under Philippine law?
Yes. In the case of Republic vs. Orbecillo, the Court held that "the intent of Paragraph 2 of Article 26 is to avoid the absurd situation where the Filipino spouse remains married to the alien spouse who, after obtaining a divorce, is no longer married to the Filipino spouse. Taking into consideration the legislative intent and applying the rule of reason, Paragraph 2 of Article 26 should be interpreted 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 Filipino spouse should likewise be allowed to remarry as if the other party were a foreigner at the time of the solemnization of the marriage. To rule otherwise would be to sanction absurdity and injustice. The reckoning point is not their citizenship at the time of celebration of marriage, but their citizenship at the time the divorce decree is obtained abroad by alien spouse capacitating him/her to remarry." What is important is that when the divorce decree was obtained, the spouse who applied for it was already a citizen of a country which allows divorce.
If there is already a divorce validly obtained abroad (by the alien spouse or the Filipino spouse who later was naturalized), can the Filipino spouse immediately remarry? What must the Filipino spouse do?
No. The existence of a valid divorce decree, however, does not automatically entitle the Filipino to remarry in the Philippines. Proper action or petition for recognition of a foreign divorce decree must be filed in a Philippine court. In the case of Garcia vs. Recio, the Court held that a divorce obtained abroad by a couple, who are both aliens, may be recognized in the Philippines, provided it is consistent with their respective national laws. Our courts cannot take judicial notice of foreign laws. Therefore, before a foreign divorce decree can be recognized by our courts, the party pleading it must prove the divorce as a fact and demonstrate its conformity to the foreign law allowing it. He or she must file a petition for the judicial recognition of foreign divorce. Presentation solely of the divorce decree is insufficient.
Isn’t it enough to register the divorce decree to the Philippine Embassy (or the Department of Foreign Affairs) and the National Statistics Office (NSO)?
No. Our courts do not take judicial notice of foreign laws and judgments; hence, a petition for the judicial recognition of foreign divorce must still be filed. As held in Corpuz vs. Sto. Tomas, "The registration of the foreign divorce decree without the requisite judicial recognition is patently void and cannot produce any legal effect."
What should be proven during the hearing of the petition for judicial recognition of foreign divorce?
The twin elements for the application of Paragraph 2 of Article 26 are as follows:
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.
Therefore, the petitioner must prove the existence of his or her marriage and that his or her spouse is a foreigner or a former Filipino citizen who was naturalized as a foreign citizen (Paragraph 2, Article 26, Family Code). The petitioner must also prove the divorce as a fact and demonstrate its conformity to the foreign law allowing it. Such foreign law must also be proved as our courts cannot take judicial notice of foreign laws. Furthermore, the petitioner must show that the divorce decree allows his or her former spouse to remarry as specifically required in Article 26. Otherwise, there would be no evidence sufficient to declare that the petitioner is capacitated to enter into another marriage. (Republic vs. Orbecillo)
Can the foreigner or the former Filipino spouse invoke the second paragraph of Article 26 of the Family Code for purposes of remarriage?
No. The provision was included in the law to avoid the absurd situation where the Filipino spouse remains married to the alien spouse who, after obtaining a divorce, is no longer married to the Filipino spouse. The legislative intent is for the benefit of the Filipino spouse, by clarifying his or her marital status, settling the doubts created by the divorce decree. Thus, only the Filipino spouse can invoke the second paragraph of Article 26 of the Family Code; the alien spouse can claim no right under this provision.
Moreover, the foreigner or the former Filipino spouse's status and legal capacity are generally governed by his national law. No court in this jurisdiction can make a declaration regarding his capacity to contract another marriage (other than that already established by the divorce decree). (Corpuz vs. Sto. Tomas)
But can he still petition the RTC for the recognition of his foreign divorce decree?
Yes. The unavailability of the second paragraph of Article 26 of the Family Code to aliens does not necessarily strip them of legal interest to petition the RTC for the recognition of his foreign divorce decree. The foreign divorce decree itself, after its authenticity and conformity with the aliens national law have been duly proven according to our rules of evidence, serves as a presumptive evidence of right in favor of the alien spouse, pursuant to Section 48, Rule 39 of the Rules of Court which provides for the effect of foreign judgments. Direct involvement or being the subject of the foreign judgment is sufficient to clothe a party with the requisite interest to institute an action before our courts for the recognition of the foreign judgment. It is well-settled that the divorce obtained by an alien abroad may be recognized in the Philippines, provided the divorce is valid according to his or her national law. (Corpuz vs. Sto. Tomas)
What if the parties, 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, capacitating him or her to remarry, can the Filipino spouse likewise remarry under Philippine law?
Yes. In the case of Republic vs. Orbecillo, the Court held that "the intent of Paragraph 2 of Article 26 is to avoid the absurd situation where the Filipino spouse remains married to the alien spouse who, after obtaining a divorce, is no longer married to the Filipino spouse. Taking into consideration the legislative intent and applying the rule of reason, Paragraph 2 of Article 26 should be interpreted 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 Filipino spouse should likewise be allowed to remarry as if the other party were a foreigner at the time of the solemnization of the marriage. To rule otherwise would be to sanction absurdity and injustice. The reckoning point is not their citizenship at the time of celebration of marriage, but their citizenship at the time the divorce decree is obtained abroad by alien spouse capacitating him/her to remarry." What is important is that when the divorce decree was obtained, the spouse who applied for it was already a citizen of a country which allows divorce.
If there is already a divorce validly obtained abroad (by the alien spouse or the Filipino spouse who later was naturalized), can the Filipino spouse immediately remarry? What must the Filipino spouse do?
No. The existence of a valid divorce decree, however, does not automatically entitle the Filipino to remarry in the Philippines. Proper action or petition for recognition of a foreign divorce decree must be filed in a Philippine court. In the case of Garcia vs. Recio, the Court held that a divorce obtained abroad by a couple, who are both aliens, may be recognized in the Philippines, provided it is consistent with their respective national laws. Our courts cannot take judicial notice of foreign laws. Therefore, before a foreign divorce decree can be recognized by our courts, the party pleading it must prove the divorce as a fact and demonstrate its conformity to the foreign law allowing it. He or she must file a petition for the judicial recognition of foreign divorce. Presentation solely of the divorce decree is insufficient.
Isn’t it enough to register the divorce decree to the Philippine Embassy (or the Department of Foreign Affairs) and the National Statistics Office (NSO)?
No. Our courts do not take judicial notice of foreign laws and judgments; hence, a petition for the judicial recognition of foreign divorce must still be filed. As held in Corpuz vs. Sto. Tomas, "The registration of the foreign divorce decree without the requisite judicial recognition is patently void and cannot produce any legal effect."
What should be proven during the hearing of the petition for judicial recognition of foreign divorce?
The twin elements for the application of Paragraph 2 of Article 26 are as follows:
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.
Therefore, the petitioner must prove the existence of his or her marriage and that his or her spouse is a foreigner or a former Filipino citizen who was naturalized as a foreign citizen (Paragraph 2, Article 26, Family Code). The petitioner must also prove the divorce as a fact and demonstrate its conformity to the foreign law allowing it. Such foreign law must also be proved as our courts cannot take judicial notice of foreign laws. Furthermore, the petitioner must show that the divorce decree allows his or her former spouse to remarry as specifically required in Article 26. Otherwise, there would be no evidence sufficient to declare that the petitioner is capacitated to enter into another marriage. (Republic vs. Orbecillo)
Can the foreigner or the former Filipino spouse invoke the second paragraph of Article 26 of the Family Code for purposes of remarriage?
No. The provision was included in the law to avoid the absurd situation where the Filipino spouse remains married to the alien spouse who, after obtaining a divorce, is no longer married to the Filipino spouse. The legislative intent is for the benefit of the Filipino spouse, by clarifying his or her marital status, settling the doubts created by the divorce decree. Thus, only the Filipino spouse can invoke the second paragraph of Article 26 of the Family Code; the alien spouse can claim no right under this provision.
Moreover, the foreigner or the former Filipino spouse's status and legal capacity are generally governed by his national law. No court in this jurisdiction can make a declaration regarding his capacity to contract another marriage (other than that already established by the divorce decree). (Corpuz vs. Sto. Tomas)
But can he still petition the RTC for the recognition of his foreign divorce decree?
Yes. The unavailability of the second paragraph of Article 26 of the Family Code to aliens does not necessarily strip them of legal interest to petition the RTC for the recognition of his foreign divorce decree. The foreign divorce decree itself, after its authenticity and conformity with the aliens national law have been duly proven according to our rules of evidence, serves as a presumptive evidence of right in favor of the alien spouse, pursuant to Section 48, Rule 39 of the Rules of Court which provides for the effect of foreign judgments. Direct involvement or being the subject of the foreign judgment is sufficient to clothe a party with the requisite interest to institute an action before our courts for the recognition of the foreign judgment. It is well-settled that the divorce obtained by an alien abroad may be recognized in the Philippines, provided the divorce is valid according to his or her national law. (Corpuz vs. Sto. Tomas)
0 Comments
Post a Comment