The Law Professor: Recognition of Divorce in the Philippines
As a general rule, a divorce obtained abroad between two Filipino citizens is not valid or recognized in the Philippines. This is due to Article 15 of the Civil Code of the Philippines, which states 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”. Moreover, Paragraph 3 of Article 17 of the same Code states that “prohibitive laws concerning persons, their acts or property, and those which have for their object public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country”.
The only exception is found in Article 26 of the Family Code of the Philippines, 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.”
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.
However, given a valid marriage between two Filipino citizens, where one party is later naturalized as a foreign citizen and obtains a valid divorce decree capacitating him or her to remarry, can the Filipino spouse likewise remarry under Philippine law? This was the novel question faced by the Supreme Court in the case of Republic vs. Orbecido.
On May 24, 1981, Cipriano Orbecido III married Lady Myros M. Villanueva at the United Church of Christ in the Philippines in Lam-an, Ozamis City. Their marriage was blessed with a son and a daughter, Kristoffer Simbortriz V. Orbecido and Lady Kimberly V. Orbecido. In 1986, Cipriano’s wife left for the United States bringing along their son Kristoffer. A few years later, Cipriano discovered that his wife had been naturalized as an American citizen. Sometime in 2000, Cipriano learned from his son that his wife had obtained a divorce decree and then married a certain Innocent Stanley. Cipriano thereafter filed with the trial court a petition for authority to remarry invoking Paragraph 2 of Article 26 of the Family Code. No opposition was filed. Finding merit in the petition, the court granted the same. The Republic, through the Office of the Solicitor General (OSG), sought reconsideration but it was denied.
In its petition, the OSG contends that Paragraph 2 of Article 26 of the Family Code is not applicable to the instant case because it only applies to a valid mixed marriage; that is, a marriage celebrated between a Filipino citizen and an alien. The proper remedy, according to the OSG, is to file a petition for annulment or for legal separation. Furthermore, the OSG argues there is no law that governs respondent’s situation. The OSG posits that this is a matter of legislation and not of judicial determination. For his part, Cipriano admits that Article 26 is not directly applicable to his case but insists that when his naturalized alien wife obtained a divorce decree which capacitated her to remarry, he is likewise capacitated by operation of law pursuant to Section 12, Article II of the Constitution.
In finding for Orbecido, the Court held that:
“Thus, taking into consideration the legislative intent and applying the rule of reason, we hold that 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. Where the interpretation of a statute according to its exact and literal import would lead to mischievous results or contravene the clear purpose of the legislature, it should be construed according to its spirit and reason, disregarding as far as necessary the letter of the law. A statute may therefore be extended to cases not within the literal meaning of its terms, so long as they come within its spirit or intent. If we are to give meaning to the legislative intent 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, then the instant case must be deemed as coming within the contemplation of Paragraph 2 of Article 26.”
The Court held further that:
“The reckoning point is not the citizenship of the parties at the time of the celebration of the marriage, but their citizenship at the time a valid divorce is obtained abroad by the alien spouse capacitating the latter to remarry. In this case, when Cipriano’s wife was naturalized as an American citizen, there was still a valid marriage that has been celebrated between her and Cipriano. As fate would have it, the naturalized alien wife subsequently obtained a valid divorce capacitating her to remarry. Clearly, the twin requisites for the application of Paragraph 2 of Article 26 are both present in this case. Thus Cipriano, the “divorced” Filipino spouse, should be allowed to remarry.”
The Court was also unable to sustain the OSG’s theory that the proper remedy of the Filipino spouse is to file either a petition for annulment or a petition for legal separation. Annulment would be a long and tedious process, and in this particular case, not even feasible, considering that the marriage of the parties appears to have all the badges of validity. On the other hand, legal separation would not be a sufficient remedy for it would not sever the marriage tie; hence, the legally separated Filipino spouse would still remain married to the naturalized alien spouse.
If you do find yourself in a situation similar to that of Cipriano and want to re-marry, it would be important for you to prove your allegation that your spouse was naturalized as an American citizen and you must likewise prove the divorce as a fact and demonstrate its conformity to the foreign law allowing it. Furthermore, you must also show that the divorce decree allows your former spuse to remarry as specifically required in Article 26. Otherwise, there would be no evidence sufficient to declare that your former spouse is capacitated to enter into another marriage.
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Great stuff! Thanks for this insightful post.
hi!,i recieved a paper from my american “husband” or i guess “ex-husband” we are married here in Philippines for a year and 7months till it last,i am a Filipino citizen,while he was obviously an American Citizen,and our marriage didnt work out.so we separated and get this far.the paper he sent issued by superior court of moscogee county State Of Georgia(final judgment and Decree) it says here that we can be remarry..does it mean i can remarry right away or any minute?,am i a free woman again?..or should i do what first?,
If the divorce is validly obtained and your ex husband’s national law (US Law) allows him to remarry, then you may. But you have to undergo liquidation of your conjugal/ community properties/assets first, then deliver the presumptive legitimes of your kids..then you can remarry.
This is helpful. Yet, my situation, I was married in the Philippines to an American citizen, I am a permanent resident here in US now and I initiated the divorce and received the divorce decree. Is there any possibilities that my petition for recognition in the Philippines may granted? Can I clear my status to single in NSO? How?
Maverick, on Leah’s case because it seems to be my case were somewhat the same from her. Can you please explain further for me what you mean by : undergoing liquidation of your conjugal/ community properties/assets first, then deliver the presumptive legitimes of your kids..then you can remarry. Thanks
My few concerns too is if when my husband already filed the divorced would our son still gets financial support from his father? thanks.
I have an american friend who was married to a filipina. His marriage took place in the Philippines. However, the marriage did not work thats why he filed for a divorce. In short, the divorce was granted from his home country and all the documents were sent to her in the Phils. My questions is, why is it that she is still asking for support from him until now?
divorce is only an issue to those who want to escape or seek other pastures…
divorce is still not recognized Art. 15 of the civil code
sir i just want to know about my situation rightnow i am married me and my husband separate each other for 15 years and we have 2 sons and we didn’t see each other since then i want to use my single status again where i am going to file my status now i am here in hongkong hope you can give me an answer thank you
Hi I am a dual citizen.and was 13 years weadow,afterwards I get married again to a swiss guy in switzerland..We are at the moment living in manila and bought house to live for good,our house is both of our name.I would like to get a half of this property…what I have to do?
I’m a Filipina i’m divorce for almost 2 years,my ex husband is a japanese HIS married now to a Filipina AND he is the one apply for divorce….i have my divorce certificate and i also i reported my divorce here in the philippines. now i plan to re marry again,my fiancee is american he applied petition”FOR FIANCEE
my question is …..HOW TO APLLY RE MARRY DO I NEED A RECOGNITION OF DIVORCE…..HOW??
Hi,
I’m a Filipina, married but is separated from my husband for 2 years now. He’s been using drugs and has never supported our 2 children. I met this American guy who offered me marriage. He wants me to go to the US and get married there. I love him and am willing to marry him. What should I do? Can I just go to the US and marry him? I dont have money for annullment here because I am raising our 2 children and sending them to school. I would appreciate your advice. Thank you and more power.
Gentlemen/Madam:
I do not really know how to write this letter and for it purpose you can refers to me as (TLC?!) = (“Totally – Legally – Confuse?!”) I am a foreigner legally residing in the Philippines for many years with no legal problem.
In Dec. 2000 I married to a Filipina lady and we even visited my country few times also with no trouble. On 2008 we legally adopt a little girl and recently I tried to give my nationality to my little girl but I was told by my embassy that my wife was already married to a Filipino man and had three children with him and NO divorce.
So since she was legally formerly married to some else then she can not have my last marital name and that make her in impostor and a bigamist plus our little girl is also legally a fraud, her adopted papers and name are not correct since I am not legally married to her adopted mother. You can not imagine my (TLC?!) reaction, but after long debates with my wife she finally told me the true.
She got married in Oct. 1991 at the young age of 20 and her husband was 21 also he did not want any offspring. In Sept. 1992 she had their first child her husband was angry at her due to this child, in Dec. 1993 she had a second child her husband was even more enrage, to the point that this second child was forcibly given up for adoption to relative. Then in May 1994 she displayed pregnancy sickness symptom again and that time her husband abandoned her on Jun. 1994 never to return or to be being seen and heard from.
I want to lawfully correct this (TLC?!) statuses and be a legal husband to my wife and a legal father to my little girl, I believed those may be lawful ground to correct legally this problem.
#1.) The Judge that perform their marital service in the poor town or “Bundok” in 1991 was not a confirmed certified appointed Judge of the Court, he was a distance relative who only work at city hall and at opportunistic time assumed to be a Judge for quick monetary gain. If that fake Judge can be verified that may be ground for annulment.
#2.) Her husband abandoned her and his family on Jun. 1994, I believed that after a certain number of years of abandonment the marriage is terminated? We got married in Dec. 2000.
#3.) In 2002 her husband dies abroad from vehicle accident, so now she is a widower. She should be free to re-marry. But before we got married in 2000, my Filipina wife never used her Filipino husband last name. She been using my last name since we got married in 2000.
With this information can you please try to help my little girl, my wife and me to become a “legal” family? Like I once believed we where: Thanks You. (TLC?!)
sir, me & my wife was legally married in the philippines on sept 18 1995. we were blessed with (3)three kids but as time passed we were no longer enjoy nor happy with each other. we get separated without filling it in court. and for more than (10) ten years now, we never see each other since our separation. sir if i’ll file an annulment case and our separation for ten yrs. with no communication is my basis in applying of the said case. will my application be granted and i would not wait long enough for the release of the courts decision?
If petition for recognition for divorce is granted by the court,what does the law say about settlement of their properties in the Philippines? What steps would you suggest be taken? If a waiver has been executed by the now foreign national spouse, would this be recognized here.
Thank you.
I’m Filipina living here now in Japan,im divorce for 1yr.I report my divorce to the Philippine Consulate in Osaka,I have my divorce certificate coming from their office.I have plan to re marry.I know that you need a recognition of divorce to re marry.What is the requirements of Recognition of Divorce and how many months will i waited for the processing?
Thank You.
Hi,
I’m currently in here in the US and was under H2B visa. I was married in the Philippines(didnt turn out to be good) I filed for a divorce in Las Vegas and my X-husand signed the divorce decree. I got re-married, my current husband and I filed all our documents for adjustment of staus as a permanent resident, everything went well but during our immigration interview everything fell apart. The immigration officer is asking for a Certificate of Finality( or he called it Annulment) and gave us a 3 mos deadline to submit this. We’re so lost and worried about the situation because as far as I know there Annulment will take years of process and EXPENSIVE…Some people is advising me to mail a copy of my decree w/ a seal and ribbon. Please give me an advise how to solve this issue. We didnt get any lawyer for my case and if its really needed then we will.
Thanks in advance.
Hello, I am a UK national, I met my Filipina wife in the UK in 1996. She was already married to a British guy in Manila several years earlier.
SHE filed for divorce from him in 1998 and subsequently married me in 2001. I know nothing about the Philippine Law regarding the non recognition of her divorce. We moved to the Philippines in 2004. The marriage has broken down, I have filed a court motion to get the marriage declared void.
Did my wife have the right to marry me in the UK given the Philippine laws regarding the recognition of divorce.
Any advice please
Sorry Forgot to mention my wife never got a British Passport, she is still a Philippine Citizen.
hi! i’m in the process of divorcing my japanese husband. my question is, after the divorce is granted, how long will i wait to re marry again?
please help. thank you
i have a bf right now and he was married in colombo. his marriage is not registered in the phils.so he’s still single legally by the n.s.o. if ever we’ll get married, would it be legal to do so?
please advise.
Hello and Good day!
My fiance was married in the Philippines and in Australia with his former wife.Both of them,were already Australian citizens by the time they got divorce.Our plan is to get married in Australia,if ever granted a visa.Is it really,neccesary for him to file for petition of foreign judgement to dissolve their marriage here? Since we will not have our marriage done here in the Philippines.I have read some columns that petition for recognition of foreign judgement only applies if the marriage will took place in the Phlippines.Some advise me, its best to settle his divorce here.In our case,do we really need to undergo such?. what’s the best thing to do?..were really confused.
Hope to hear from you,thank you and Godbless…
Good day to you! I am a Filipino, married to a dutch woman in Philippines in 1976. i initiate a divorce against my dutch wife because I found her having affair with other men in Netherlands. since we have no kids and we both agree to separate and we got divorced in 1984. she got married again with other man. After 2 years I met an Australian woman and married with her in Netherlands. I become an Australian citizen and got 4 kids with her. I had almost 18 years life of happy married life with an Australian woman. but it ended when I caught her for the third time of cheating on me. again, I filed my divorce with her and got divorced in 2004. She got married with the man in 2004 after our divorce is approved. I promised myself will not going to marry again but to just take care of my 4 kids.
in 2008, i met a filipina woman. I believe she is my soul mate. I broke my promise not to marry again. and since she loves to marry here in Philippines to celebrate with her family, we have to ask first how to clear my status record in NSO that i was married with dutch woman in 1976.
please help us. we really appreciate! thank you so very much and god bless!