-
 Article 26 (Requisites of Marriage)

All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38.

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validity obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (As amended by E.O No. 227)

Rules on foreign marriages of Filipinos

It is valid in the Philippines if the marriage is between a Filipino citizen who solemnize in a foreign country. Except when the marriage abroad by a Filipinos is bigamous it is considered void even if valid on the country where it was celebrated. The Philippine law is the one who determines their legal capacity

The injustice of the old principles in the Civil Code (Article 15) is cure by the second paragraph of Article 26 of Requisites of Marriage. It is due to the principles that a divorce obtained abroad was contrary to morals.

Strict application of Rule 26

Article 26, paragraph 2 may apply if the marriage is mixed from the beginning. If not, the law does not apply. As required by law It must be the foreigner who obtained a divorce decree.

Reasons behind Article 26(2) of the Family Code

It is to extend the effect of a foreign divorce decree to a Filipino spouse without undergoing trial to determine the validity of the dissolution of the marriage because a Filipino spouse “should not be discriminated against in her own country if the ends of justice are to be served.” .

Unfair situation in the Civil Code.

If the marriage is between Filipinos and after a few years one of them became a Japanese Citizen and one of the spouses obtain a divorce decree capacitating him to remarry, the Filipino spouse cannot remarry under Philippine laws because the marriage was not originally a mixed marriage. It is the flaw in Article 26

Case Digest

IMELDA MANALAYSAY PILAPIL, petitioner, v. HON. CORONA IBAY-SOMERA, HON LUIS C. VICTOR AND ERICH EKKEHARD GEILING, respondents.
G.R. No. 80116. June 30, 1989.

Facts: On September 7, 1979, at Federal Republic of Germany petitioner Imelda Manalaysay Pilapil a Filipino citizen and respondent and respondent Erich Ekkehard Geiling a German national, were married. They lived together as husband and wife in Malate, Manila and had a child named Isabella Pilapil Geiling.

In Germany respondent Erich Ekkehard Geiling initiated a divorce proceeding against petitioner. The local court granted the divorce proceeding on the ground of a failure marriage of the spouse. In the trial court of Manila petitioner filed an action for legal separation.

In the prosecutor of Manila respondent Erich Ekkehard Geiling filed a complaint for adultery against petitioner Imelda Manalaysay Pilapil that she had an affair William Chia and Jesus Chua while they were still married.

Hence, petitioner Imelda Manalaysay Pilapil filed a petition asking to set aside the cases filed against her and be dismissed.

Issue: Whether or not respondent can prosecute petitioner on the ground of adultery even though they are no longer husband and wife as a decree of divorce was already issued?

Ruling: No. The crime of adultery can be legally filed by the offended spouse and no one else. In this case the latter obtained a valid divorce in his country which is also recognized in the Philippines. Thus, under the same consideration, respondent is no longer the husband of petitioner and does not have any legal standing to commence adultery.
Question: A Filipino citizen married a German national who solemnize in a foreign country, after a few years the Filipino spouse obtain a divorce decree.

Can the Filipino spouse remarry again?
Answer: No. as stated in Article 26, paragraph 2 it must be the alien spouse who obtain a divorce decree for the Filipino spouse to have a capacity to remarry.
Reference/s:

·        Family Code of the Philippines                    Judge Albano, Ed Vincent S. (2017)



Prepared by:

Kath Lyn B. Flores

College of Law

Laguna State Polytechnic University

Santa Cruz Laguna









            

Comments

Post a Comment

Popular posts from this blog

-
  Article 126. The conjugal partnership terminates 1.       Upon the death of either spouse 2.       When there is a decree of legal separation 3.       When the marriage is annulled or declared void, or 4.       In case of judicial separation of property during the marriage under Articles 134 to 138. (175a) According to the conjugal partnership of gains regime , the couple’s properties will be like this: 1.       Properties acquired by the husband before he got married shall be exclusively his, the same way that the wife’s will be hers. 2.       However, when they get married their exclusive properties shall be joined as part of a one estate within the conjugal property and the “fruits” of those properties shall be shared for the duration of the marriage. In addition, any property acquired during their marriage...
Read more
-
Substitute and Special Parental Authority Article 216. In default of parents or a judicially appointed guardian, the following persons shall exercise substitute parental authority over the child in order indicated: 1.       The surviving grandparent, as provided in Art. 214; 2.       The oldest brother and sister, over twenty-one years of age, unless unfit or disqualified; and 3.       The child’s actual custodian, over twenty-one years of age, unless unfit or disqualified. Whenever the appointment of a judicial guardian over the property of the child becomes necessary, the same order of preference shall be observed. (39a,351a,354a) Rules: 1.       The Law states that the surviving grandparents are preferred over all other persons. 2.       The custody of a child may be awarded to strangers as provided by law. In certain...
Read more