Inside the Orbecido, a good Filipino citizen sought consent in order to remarry till the courts, claiming one to their former Filipina spouse got gotten a divorce erican judge once she had become a good naturalized Western citizen. The brand new Courtroom kept that the results of the divorce decree should end up being accepted throughout the Philippines whilst was obtained of the previous partner due to the fact an american resident relative to their unique national legislation, and therefore that is why, the fresh Filipino spouse will likely be allowed to remarry pursuant in order to Post 26(2).
In view of foregoing, i county new twin issues towards the application of Paragraph dos regarding Article twenty six below:
The fresh new reckoning section is not necessarily the citizenship of people in the committed of affair of the relationships, but their citizenship at that time a valid divorce proceedings try received overseas by alien lover capacitating aforementioned so you can remarry.
In sexy spansk varme jenter this case, whenever [the fresh new Filipino spouse’s] wife is naturalized since an american resident, there was nonetheless a legitimate relationships that was notable between [them]. While the future might have it, new naturalized alien partner next received a valid divorce proceedings capacitating their unique to help you remarry. Hence x x x the fresh “divorced” Filipino lover, might be permitted to remarry. (Stress and you can underscoring offered)
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. contrary to the alien divorcee within 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.
Thus, instead of offering as bases on blanket recognition of foreign separation and divorce decrees on Philippines, I believe your Court’s rulings during the Van Dorn, Orbecido and Dacasin merely clarify the brand new details towards the application of the brand new nationality principle utilized in Article 15 of your Civil Code, and different thereto included in Blog post 26(2) your family Code. Such details are described the following:
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 because of the an excellent Filipino citizen cannot be enforced in the Philippines. To let if you don’t will be to allow a beneficial Filipino resident so you’re able to invoke overseas legislation to help you avert a share prohibition significantly less than Philippine legislation.
It needs to be emphasized, although not, the ban against absolute split up merely applies to Filipino people. Properly, it can’t be invoked from the a foreign national to avoid this new aftereffects of a separation and divorce decree given pursuant so you can his federal laws. In order to repeat, a separation and divorce decree approved of the a different judge remains joining toward the new international spouse regarding Philippines, no matter what team who gotten a comparable so long as particularly decree is valid and you can effective according to the international spouse’s federal rules.
