Are marriages solemnized abroad valid in the Philippines?

Marriages celebrated abroad is valid in the Philippines provided that the same is also valid in the place where it was celebrated. This is in accordance with Article 26 of the law, which states:

“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."


What are the exceptions?

The following marriages are not valid in the Philippines:

1. Marriages where either or both parties are below 18 years old [Articles 35 (1), FC]

2. Bigamous or polygamous marriages [Articles 35 (4), FC]

3. Those contracted through mistake of one contracting party as to the identity of the other [Articles 35 (5), FC]

4. Those subsequent marriages that are void under Article 53 [Articles 35 (6), FC]

5. Where one of the parties was psychologically incapacitated at the time of the celebration of the marriage to comply with the essential marital obligations of (Articles 36, FC)

6. Incestuous marriages

Marriages between the following are incestuous and void from the beginning, whether relationship between the parties be legitimate or illegitimate:

(1) Between ascendants and descendants of any degree; and

(2) Between brothers and sisters, whether of the full or half blood. (Articles 37, FC)

7. Marriages that are void by reason of public policy

The following marriages shall be void from the beginning for reasons of public policy:

(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;

(2) Between step-parents and step-children;

(3) Between parents-in-law and children-in-law;

(4) Between the adopting parent and the adopted child;

(5) Between the surviving spouse of the adopting parent and the adopted child;

(6) Between the surviving spouse of the adopted child and the adopter;

(7) Between an adopted child and a legitimate child of the adopter;

(8) Between adopted children of the same adopter; and

(9) Between parties where one, with the intention to marry the other, killed that other person's spouse, or his or her own spouse. (Articles 38, FC)


If the marriage solemnized abroad was not registered in the Philippines, is it still valid?

The mere fact that no record of the marriage exists in the registry of marriage does not invalidate said marriage, as long as in the celebration thereof, all requisites for its validity are present. The forwarding of a copy of the marriage certificate to the registry is not one of said requisites. (People vs. Borromeo, G.R. No. L-61873, October 3l, 1984)