Pointing out the fresh nationality idea, the latest Legal stressed that “a foreign divorce decree offers normally validity
In the Orbecido, an excellent Filipino citizen needed consent so you’re able to remarry before courts, claiming you to definitely their former Filipina partner got received a divorce case erican legal immediately after she came into existence an effective naturalized American citizen. The fresh new Courtroom held your results of the new splitting up decree is feel accepted regarding Philippines as it try received from the former wife given that an american resident prior to their own national laws, and that because of this, brand new Filipino husband might be permitted to remarry pursuant in order to Post 26(2).
Because of your own foregoing, i state this new twin points into the application of Paragraph dos off Article twenty six as follows:
The new reckoning section is not necessarily the citizenship of the events in the the amount of time of your celebration of marriage, however their citizenship at the time a valid separation are obtained abroad from the alien spouse capacitating aforementioned so you’re able to remarry.
In cases like this, whenever [the latest Filipino spouse’s] spouse is naturalized while the a western resident, you will find nevertheless a valid relationships which had been well known anywhere between [them]. Since the future might have they, the new naturalized alien spouse after that acquired a legitimate separation and divorce capacitating their own to help you remarry. Therefore x x x the fresh “divorced” Filipino partner, should be allowed 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. resistant to the alien divorcee within 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 the place of providing just like the angles toward blanket detection from overseas splitting up decrees about Philippines, In my opinion that Court’s rulings when you look at the Van Dorn, Orbecido and you can Dacasin only explain the new details into the applying of this new nationality idea found in Article 15 of Municipal Code, and also the exemption thereto utilized in Post twenty-six(2) the family Code. Such variables are described below:
Obviously, this new twin requisites into the application of Section 2 away from Article 26 was both found in this Yunanca kadД±n personel situation
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 good Filipino citizen cannot be enforced in the Philippines. To let or even will be to permit good Filipino resident to help you invoke international laws to help you avoid a show ban significantly less than Philippine law.
It should be showcased, not, your prohibition facing pure separation just pertains to Filipino residents. Correctly, it can’t become invoked by the a different federal in order to avoid the new negative effects of a split up decree awarded pursuant to help you their national laws. To help you summarize, a divorce decree granted of the a different judge remains binding on the new overseas lover on the Philippines, regardless of the class exactly who acquired a similar provided eg decree is valid and you may energetic within the overseas wife or husband’s national laws.
