Mentioning the fresh nationality idea, new Legal troubled that “a foreign breakup decree carries as frequently authenticity
Inside Orbecido, an effective Filipino resident tried permission so you can remarry up until the courts, claiming you to his former Filipina spouse had gotten a divorce or separation erican courtroom immediately following she came into existence a good naturalized American citizen. The fresh new Judge kept that outcomes of the new split up decree will be be acknowledged about Philippines whilst are acquired from the former wife as the an american resident relative to their own federal rules, and therefore for this reason, the Filipino husband is permitted to remarry pursuant to Article 26(2).
In view of foregoing, i state the twin points on application of Paragraph 2 from Post twenty six the following:
This new reckoning section is not necessarily the citizenship of your parties in the the time of celebration of the wedding, however their citizenship during the time a valid divorce are acquired overseas from the alien lover capacitating aforementioned to remarry.
In this instance, whenever [the fresh Filipino partner’s] wife is actually naturalized since the an american citizen, you will find nonetheless a valid marriage which was popular between [them]. Because the destiny will have they, the Porto Riko karД±sД± fresh new naturalized alien wife subsequently acquired a legitimate divorce or separation capacitating their particular to help you remarry. Thus x x x this new “divorced” Filipino mate, shall be permitted to remarry. (Stress and underscoring provided)
Still, in Dacasin, a Filipino wife secured a divorce erican husband from an Illinois court. The decree awarded sole custody over the parties’ daughter in favor of the Filipino wife. While the parties subsequently executed a Joint Custody Agreement, the Filipino wife refused to honor the agreement, prompting the American husband to seek redress before the Philippine courts. The Court held that the Illinois divorce erican citizen, and that the latter cannot be permitted to evade the terms of the custodial award. up against the alien divorcee contained in this jurisdiction as it does in the jurisdiction of the alien’s nationality, irrespective of who obtained the divorce.” It bears stressing that the issue raised in Dacasin was the enforceability of the Joint Custody Agreement against the American husband, and not the validity of the foreign divorce decree as against the Filipino wife.
For this reason, in place of helping since the bases to your blanket detection out of overseas separation decrees in the Philippines, I believe that the Court’s rulings from inside the Van Dorn, Orbecido and Dacasin only clarify the fresh details towards application of the new nationality idea used in Article fifteen of your Civil Code, as well as the exception to this rule thereto found in Post twenty six(2) the family Password. Such variables may be summarized below:
Clearly, the fresh dual requisites on the application of Section dos regarding Article 26 was both contained in this example
Owing to the nationality principle, all Filipino citizens are covered by the prohibition against absolute divorce. As a consequence of such prohibition, a divorce decree obtained abroad by a beneficial Filipino citizen cannot be enforced in the Philippines. To allow or even is to allow an excellent Filipino resident so you can invoke international law so you can avoid a display ban significantly less than Philippine law.
It must be emphasized, not, that prohibition against natural divorce simply pertains to Filipino citizens. Properly, it can’t getting invoked of the a foreign federal to avoid this new aftereffects of a splitting up decree given pursuant so you can their national rules. So you’re able to repeat, a divorce case decree given from the a foreign legal stays joining to the the new overseas spouse regarding Philippines, regardless of the people whom obtained a comparable provided that such as for example decree holds true and you can energetic underneath the foreign spouse’s federal rules.