EFFECT OF MARRIAGE CELEBRATED ABROAD AND FOREIGN DIVORCE with Application of Art 15, 16 and 17

EFFECT OF MARRIAGE CELEBRATED ABROAD AND FOREIGN DIVORCE

with Application of Art 15, 16 and 17

(Simplifying the Rules governing the validity of marriage (2002, 2004, 2006, 2009, 2010 Bar)

PartiesCelebrated in the PhilippinesCelebrated AbroadObtaining Divorce Decree abroad Note: If in the Philippines, never allowed regardless of the parties’ nationalities.Question: Can both aliens obtain divorce decree in the Philippines?
Filipino x FilipinoAs to intrinsic Validity: national   As to extrinsic validity: Philippine law under celebrationis  As to intrinsic Validity: national   As to extrinsic validity: Foreign Law/ celebrationis   NOTE: this is where Art 26, FC  applies.    GR: a divorce decree obtained abroad by a Filipino against another Filipino is null and void   Exceptions: The Filipino becomes naturalized citizen in another country and obtained a divorce decree abroad, and the law of the country where he is naturalized allows the same.   The reckoning point is not the citizenship of the parties at the time of the celebration of marriage, but their citizenship at the time valid divorced obtained abroad by the alien spouse capacitating the latter to remarry.   Basis: National Law governs for a person’s status. Read Manalo case as this may affect.   Also basis: 2005 and 1998 case – the parties were, as in this case, Filipino citizens when they got married. The wife became naturalized American citizen in 1954 and obtained a divorce in the same year.   SC ruled that a Filipino divorced by his naturalized foreign spouse is no longer married under Philippine law and can thus remarry. To rule otherwise would be to sanction absurdity and injustice.   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 foreign citizen and obtains divorce decree.   
Filipino x ForeignerAs to intrinsic Validity: Filipino – national Foreigner – his national   As to extrinsic validity: Philippine Law – celebrationis  As to intrinsic Validity: Filipino – national Foreigner – his national   As to extrinsic validity: Foreign Law/ celebrationisForeigner spouse initiated the divorce decree: divorce decree obtained by an alien against his/her Filipino spouse is recognized if made in accordance with the national law of the foreigner. (Art 26, FC)   Filipino spouse initiated the divorce decree: Manalo Case (landmark case of 2018)Can be recognized in the Philipines and may allow the Filipino spouse to remarry, thus overturning the well-established rule that it must be the foreign spouse who should obtain the divorce decree.   Basis: Paragraph 2 of Article 26 speaks of “a divorce x x x validly obtained abroad by the alien spouse capacitating him or her to remarry.” Based on a clear and plain reading of the provision, it only requires that there be a divorce validly obtained abroad. The letter of the law does not demand that the alien spouse should be the one who initiated the proceeding wherein the divorce decree was granted. It does not distinguish whether the Filipino spouse is the petitioner or the respondent in the foreign divorce proceeding.[J1]    To reiterate, the purpose of Paragraph 2 of Article 26 is to avoid the absurd situation where the Filipino spouse remains married to the alien spouse who, after a foreign divorce decree that is effective in the country where it was rendered, is no longer married to the Filipino spouse. It is therefore immaterial if who initiated the divorce decree.  Facts in Manalo: . That petitioner is previously married in the Philippines to a Japanese national named YOSHINO MINORO as shown by their Marriage Contract xxx; 3. That recently, a case for divorce was filed by herein [petitioner] in Japan and after die proceedings, a divorce decree dated December 6[J2] , 2011 was rendered by the Japanese Court x x x;  
Foreigner x ForeignerAs to intrinsic Validity: Foreigner – their national   NOTE: before getting married in the Philippines, foreigners should check with the laws of their home countries to see if marriage performed or celebrated abroad is recognized in their home country.   As to extrinsic validity: Philippine Law – celebrationis   Note: Foreigner Certificate of Legal Capacity to Contract Marriage, but failur4 to do so does not affect marriage validity.  As to intrinsic Validity: –their national   As to extrinsic validity: Law of the place where it was celebrated- Foreign law/ celebrationis   NOTE: Requirements to prove a foreign marriage: 1. The existence of the pertinent provision of the foreign marriage law. 2. The celebration or performance of the marriage in accordance of said law.        If validly obtained abroad and considered valid according to their personal laws, valid here.   Question: Can the foreigner validly contract marriage in the Philippines? Yes, all she needs to do is get a certificate of legal capacity to contract marriage in the Philippines. (For US citizens, get it from the American Diplomatic or Consular Officials.)     

 [J1]

Basis: Paragraph 2 of Article 26 speaks of “a divorce x x x validly obtained abroad by the alien spouse capacitating him or her to remarry.” Based on a clear and plain reading of the provision, it only requires that there be a divorce validly obtained abroad. The letter of the law does not demand that the alien spouse should be the one who initiated the proceeding wherein the divorce decree was granted. It does not distinguish whether the Filipino spouse is the petitioner or the respondent in the foreign divorce proceeding. [J1]It is therefore immaterial if who initiated the divorce decree.

 [J2]So here, it was the Filipino who applied for divorce decree abroad.

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