Pointing out brand new nationality concept, the newest Court troubled you to definitely „a different divorce decree sells normally legitimacy
For the Orbecido, good Filipino resident tried permission to help you remarry through to the courts, claiming that their former Filipina wife had received a divorce proceedings erican judge immediately following she had become a naturalized Western resident. The Legal stored that negative effects of brand new divorce proceedings decree is to getting acknowledged on Philippines because it was acquired from the former wife as the a western citizen prior to her federal legislation, which as a consequence, the newest Filipino partner will likely be allowed to remarry pursuant to Article 26(2).
Because of your foregoing, we county the fresh twin issue into the applying of Part dos off Article 26 the following:
The newest reckoning section isn’t the citizenship of your functions on the time of one’s occasion of the marriage, but their citizenship during the time a legitimate divorce or separation was acquired overseas by the alien companion capacitating aforementioned so you’re able to remarry.
In such a case, whenever [the Filipino spouse’s] spouse try naturalized since the an american resident, there is nevertheless a valid relationships which had been distinguished anywhere between [them]. Since fate could have they, this new naturalized alien spouse then received a valid divorce case capacitating their particular so you can remarry. For this reason x x x brand new „divorced“ Filipino partner, should be permitted to remarry. (Stress 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. from the alien divorcee within 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.
Thus, in the place of offering just like the bases into the blanket recognition off overseas breakup decrees regarding the Philippines, I believe that Court’s rulings from inside the Van Dorn, Orbecido and you can Dacasin just clarify this new details to the application of the brand new nationality principle included in Article fifteen of Municipal Code, plus the exemption thereto included in Blog post twenty-six(2) the family Code. Such variables can be described below:
Obviously, the fresh dual requisites to your applying of Section dos of Post twenty six is actually each other within this case
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 from the good Filipino resident cannot be enforced in the Philippines. To let if not is always to allow a great Filipino resident in order to invoke international legislation so you’re able to avoid a show prohibition significantly less than Philippine rules.
It ought to be highlighted, although not, your ban facing sheer separation and divorce only pertains to Filipino residents. Consequently, it cannot getting invoked because of the a foreign national so you can avert the brand new aftereffects of a divorce decree given pursuant in order to their national laws. To repeat, a separation and divorce decree granted because of the a foreign judge remains binding for the this new foreign spouse from the Philippines, no matter what class who obtained a similar so long as such as for example decree holds true and active under the international wife or husband’s sexy Siena girls national legislation.