Pointing out the fresh nationality idea, the latest Judge stressed one to “a different divorce decree offers as much validity
In the Orbecido, a beneficial Filipino resident desired consent to help you remarry up until the process of law, claiming you to their former Filipina partner got acquired a separation erican courtroom once she has been around since an excellent naturalized American citizen. The fresh Judge held that negative effects of the brand new divorce proceedings decree is always to getting approved regarding the Philippines because it is actually gotten by former partner as an american resident in accordance with her national rules, and that as a consequence, brand new Filipino spouse might be allowed to remarry pursuant to Post 26(2).
In view of your own foregoing, we state the fresh new dual facets toward application of Section dos regarding Blog post twenty six the following:
The newest reckoning section isn’t the citizenship of functions at the amount of time of one’s event of marriage, however their citizenship during the time a valid separation is gotten abroad because of the alien spouse capacitating the second in order to remarry.
In such a case, whenever [the new Filipino wife or husband’s] wife is naturalized due to the fact a western resident, there clearly was nevertheless a valid relationship that has been known between [them]. Due to the fact fate could have it, the new naturalized alien spouse subsequently received a legitimate divorce or separation capacitating their own to remarry. Hence x x x the latest “divorced” Filipino companion, will be permitted to remarry. (Focus and you will 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. resistant to the alien divorcee contained in this legislation 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.
Therefore, in place of helping as the bases toward blanket identification of foreign separation and divorce decrees throughout the Philippines, I do believe your Court’s rulings for the Van Dorn, Orbecido and you can Dacasin simply clarify the brand new parameters towards the application of this new nationality principle used in Article 15 of your own Municipal Password, and also the difference thereto found in Blog post 26(2) the household Code. These types of parameters could be summarized below:
Obviously, the newest twin requisites into the applying of Section dos off Post twenty-six are both found 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 an excellent Filipino citizen cannot be enforced in the Philippines. So that otherwise is to try to enable an excellent Filipino citizen to invoke foreign laws to evade a show ban below Philippine law.
It needs to be highlighted, but not, the prohibition against absolute separation merely relates to Filipino residents. Consequently, it cannot feel invoked of the a different national to avoid the fresh new outcomes of a split up decree issued pursuant in order to his national legislation. In order to repeat, a split up decree given by the a foreign judge remains joining with the the fresh foreign spouse on the Philippines, no matter what people which gotten a comparable provided that such decree holds true and you will productive under the foreign wife or husband’s national laws.