Divorce is not allowed in the Philippines and divorce secured anywhere by a Filipino is not recognized in this jurisdiction. If you’re a Filipino, it doesn’t matter where you get a divorce: such divorce is invalid/void in the Philippines. This is because under the nationality principle (Art. 15, Civil Code), all Filipinos – where they may be in the world – are bound by Philippine laws on family rights and duties, status, condition, and legal capacity. In certain instances, however, a divorce validly secured abroad by a non-Filipino may be recognized here in the Philippines.
Is there a legal provision that recognizes divorce in the Philippines?
Yes. On 6 July 1987, President Corazon Aquino signed Executive Order No. 209, otherwise known as the “Family Code.” Article 26 of this law, which took effect on 3 August 1988, reads:
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, 37, and 38.
On 17 July 1987, Executive Order No. 227 was signed into law, amending Article 26 of the Family Code, among others. Article 26 now reads:
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.
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.
What are circumstances that would make Article (Family Code) applicable?
We have a basic discussion on Article 26 of the Family Code. Included in that discussion are the two elements that must be shown before the second paragraph of Article 26 is applied:
- There is a valid marriage that has been celebrated between a Filipino citizen and a foreigner; and
- A valid divorce is obtained abroad by the alien spouse capacitating him or her to remarry.
Is this provision applicable to former Filipinos?
Yes. Article 26 was later interpreted by the Supreme Court 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 reckoning point is not the citizenship of the parties at the time of marriage, but their citizenship at the time a valid divorce is obtained abroad by the alien spouse capacitating the latter to remarry. (Philippines vs. Orbecido III, G.R. No. 154380, 5 October 2005).
Article 26 provides that the divorce must be secured by the foreigner-spouse. What if the foreigner-spouse continually maltreats the Filipino/Filipina spouse, isn’t it unfair that the Filipino/Filipina can’t initiate divorce?
It may be unfair, but that’s the law, consistent with the State’s policy of not allowing divorce for Filipinos. This doesn’t mean, however, that the Filipino/Filipina has no other recourse. If the circumstances fall under the grounds for annulment/declaration of nullity, then the marriage could still be annulled or declared null and void from the beginning.
If there’s already a divorce validly secured abroad (by the foreigner-spouse or the Filipino spouse who became a foreign citizen, losing his/her Filipino citizenship in the process), can the Filipino spouse immediately remarry?
No. The existence of a valid divorce decree, however, does not automatically entitle the Filipino to remarry in the Philippines. The foreign divorce decree must be judicially recognized in the Philippines. This means that the proper action or petition must be filed in a Philippine court. For purposes of re-marriage, the divorce validly secured abroad is not automatically recognized here in the Philippines.
Isn’t it enough that I already forwarded the divorce decree to the Philippine Embassy (or the Department of Foreign Affairs) and the National Statistics Office (NSO)?
No. The foreign divorce decree must be recognized here in the Philippines; a process which may only be done through the courts.
Why should we waste money in filing a petition in court for the recognition of the divorce decree?
This is the requirement of law, unfortunately. The divorce decree must be proven, just like any fact, in court. The presentation of the divorce decree is insufficient. Proof of its authenticity and due execution must be presented. This necessarily entails proving the applicable laws of the jurisdiction where the foreigner-spouse (who could be a former Filipino) is a national. One of the requirements under Article 26 is that the decree of divorce must be valid according to the national law of the foreigner.
Related Posts:- Divorce – a call for arguments
- Annulment in the Philippines (Questions and Answers Part 5): Overseas Filipinos Edition
- Annulment in the Philippines: Questions and Answers (Part 3)
- Allowing Absolute Divorce in the Philippines
Tinkering with internet tools comes with the bonus of better understanding how existing laws apply to the third wave - that of technology, particularly the internet. This is also a great medium to disseminate and discuss ideas across borders, time, color or creed. 
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At that time i’ve got married in the Philippnes (Civil wedding) .im still a Filipino citizen then became naturalized canadian citizen then filed and got divorce. Can i legally get married in the Philippines? do i need to file for annullmed or recogniton of divorce? if yes, what steps and procedures and documents do i need? Hope to hear from you soon….
Dear Lhai, please refer to this post:
http://attyatwork.com/annulment-in-the-philippines-questions-and-answers-part-5-overseas-filipinos-edition/
i’ve got married here in japan to an indonesian… i don’t use his surname..
He filed a Divorce This year…
What is the process in the Philppines to get my singleness back?
The Embassy of Phil. told me that the Judicial Recognition of Divorceto be filed in the Philppines..
When it’s done can i remarry again?
How many months do i have to wait?
What Documents do i need?
Hope you can help me….
Thank you Very Much…
Dear Jane, like Lhai, please refer to this post:
http://attyatwork.com/annulment-in-the-philippines-questions-and-answers-part-5-overseas-filipinos-edition/
I suggest that you guys check previous posts/comments for related questions. Please use the search function. Thanks.
The husband is American citizen by birth. The wife is Philippines citizen by birth. The husband serves in US military. A couple got married in the Philippines in March 2011. The husband lives in the US. The wife lives in the Philippines and never been to the US. She does not obtain US Visa. They do not own property together nor lived together. But they do have one child together. Does Philippines have the Jurisdiction? Since Divorce does not exists in Philippines, how does the husband file for a divorce? The wife is contesting the divorce. Without wife’s consent, how can the husband get annulment in the Phillipines, and recognized as diovrced in the US? What are the steps to take?
I got divorced here in Japan and re-marry when the time i want to used my husbands surname for my passport and for a report of birth since i gave birth last September this year I applied fo a report of marriage but unfortunately they cannot release me one because i needed first to file for a judicial recognition of divorce back there in the Philippines..Is it expensive??Will it take long??How many months do I have to wait??What are the papers needed to file one??How is the process??Can you give me a help by some suggestions fo a lawyer??Hope you can help me..hope to her from you soon..Thank you very much…
I have a boyfriend former married a filipina wife before, and there marriage held in mindano. and his ex filipina now is a canadaian citizen. my boyfriend now file a divorce to his ex-wife in canada. Is he allow to remarry me here in the philippines?
please reply ASAP..
Thank you
“A foreign divorce decree must be recognized here in the Philippines to enable a Filipino to remarry in the Philippines.” What if the divorce decree was secured by the foreign spouse, but not judicially recognized here in the Philippines, can a Filipino remarry legally as long as it is not here in the Philippines? Hope to hear from you.
Dear Weng, in general, Philippine laws on marriage follow a Filipino wherever he/she is. Until a divorce decree is recognized here in the Philippines, the previous marriage subsists here.
I was married here in japan and got divorced 2 years ago.
Then I am remarried another japanese this year, I am filing now judicial recognition of divorce in the philippines.what are the requirements in filing the petition?
My lawyer told me that i need to provide a copy of the divorce decree here in japan allowing divorce.
Is it really needed ? I have provided him the copy and a translated version of my divorce here in japan is it true that i need to provide the copy of the law?
I really dont know where to get the copy of that decree
please help me attorney…
thank you…
Dear Josephine, I suggest you discuss the requirements with your lawyer. He/she knows the facts of your case more than we do, and it would be improper for us to second-guess the matter.
I am married to a lebanese, there is no divorce in lebanon for christians…we got married in the philippines and is there a possibility that we can get divorce? Thanks ans more power.