Pointing out the fresh new nationality concept, this new Court troubled one to “a different divorce or separation decree carries as often legitimacy
Inside the Orbecido, a beneficial Filipino citizen needed permission so you’re able to remarry before the process of law, stating one to his previous Filipina wife had gotten a split up visit homepage erican courtroom after she came into existence a beneficial naturalized American resident. New Judge stored that effects of the brand new breakup decree is to end up being recognized regarding Philippines since it was acquired by previous spouse just like the a western resident in line with their particular federal laws, and therefore that is why, new Filipino husband might be permitted to remarry pursuant to help you Article 26(2).
Because of one’s foregoing, i condition the brand new twin points into the application of Section dos off Post 26 the following:
New reckoning area isn’t the citizenship of events at the full time of your event of one’s wedding, however their citizenship at that time a valid divorce are received abroad by the alien lover capacitating aforementioned to help you remarry.
In this instance, whenever [brand new Filipino spouse’s] wife try naturalized since a western resident, there was however a valid relationships which had been known between [them]. Once the future could have it, the latest naturalized alien spouse after that obtained a valid divorce capacitating their particular to help you remarry. Therefore x x x the latest “divorced” Filipino lover, are going to be permitted to remarry. (Stress and you can underscoring given)
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. against 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.
Thus, in place of offering since basics into blanket identification of foreign splitting up decrees from the Philippines, I think the Court’s rulings inside the Van Dorn, Orbecido and you will Dacasin only explain the newest details to the applying of the brand new nationality idea found in Post fifteen of your own Municipal Code, in addition to exclusion thereto found in Blog post twenty-six(2) the family Code. Such variables tends to be summarized below:
Clearly, the new dual requisites to the applying of Section dos from Article twenty-six try each other present in this 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 because of the good Filipino resident cannot be enforced in the Philippines. To let if you don’t is to try to enable a beneficial Filipino citizen in order to invoke overseas legislation in order to evade an express ban around Philippine legislation.
It should be highlighted, although not, that the prohibition facing absolute breakup merely applies to Filipino residents. Accordingly, it can’t be invoked from the a different national so you’re able to evade the brand new effects of a divorce proceedings decree given pursuant to help you their national legislation. To summarize, a split up decree awarded by a foreign court stays binding into the brand new international spouse on Philippines, regardless of the people just who received an identical provided instance decree is valid and energetic according to the overseas partner’s federal rules.