Civil Code Of the Philippines

Family Code of the Philippines: Foreign Marriages and Foreign Divorces

 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), 3637 and 38.

General Rule: Foreign marriages which are in accordance with the law in force in
the country where they were solemnized and valid there are valid in the Philippines.

Exception: Void marriages under Philippine Law

Exception to the exception:
1. Article 35,
Art. 35. The following marriages shall be void from the beginning:
(2) Those solemnized by any person not legally authorized to
perform marriages unless such marriages were contracted with
either or both parties believing in good faith that the solemnizing
officer had the legal authority to do so;
2. Article 35,
Art. 35. The following marriages shall be void from the beginning:
(3) Those solemnized without license, except those covered the
preceding Chapter;
Art. 26, . 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.
General Rule: Foreign divorces obtained by Filipino citizens will be considered void
and are not recognized.

Exception: In case the parties to the marriage are a Filipino citizen and a foreigner.
If the foreigner obtains a valid foreign divorce, the Filipino spouse shall have capacity
to re-marry under Philippine law.

However, if it is the Filipino citizen who secures the divorce, the divorce will not be
recognized in the Philippines.

Requisites of Article 26,
1. The marriage must be one between a Filipino and a foreigner
2. Divorce is granted abroad
3. Divorce must have been obtained by the alien spouse.
4. Divorce must capacitate the alien spouse to remarry.

Article 26, has a retroactive effect if no vested rights are affected.

Problem: Suppose at the time of the marriage, both are Filipinos. Later on, one
spouse is naturalized. This spouse obtains a foreign divorce. Will Article 26,
apply?
2 views:
1. Justice Puno

It won’t. Article 26, requires that at the time the marriage is celebrated,
there must be 1 foreigner.
2. DOJ Opinion

It applies, Article 26, is not specific.

Leave a Reply

avatar
  Subscribe  
Notify of