ANNULMENT IN THE PHILIPPINES: QUESTIONS AND

ANSWERS (PART 5): OVERSEAS FILIPINOS EDITION

By: Atty.Fred | September 27, 2010 in Annulment and Legal Separation
64 Replies | Related posts at the bottom of article
We already have four installments on this topic (refer to Part I, Part II, Part III , Part IV), as well
as related posts on annulment, legal separation, declaration of nullity and divorce. Were trying to
cope with the numerous questions raised, but with our schedules, its impractical to answer the
questions one by one. This is the reason why we summarize the questions so that similar ones
would be answered in one go. Again, browse through the existing related articles to see if your
questions are covered by existing discussions.
In this series, well centralize the questions relevant to Overseas Filipinos and OFWs. This will be a
continuing discussion:
Divorce is allowed in the country where Im located. Can I get a divorce here and would this
be recognized in the Philippines?
Some countries allow the filing of divorce by Filipinos within their jurisdiction. The problem, however,
is a divorce obtained by a Filipino abroad is not recognized in the Philippines (but the rule is
different if the divorce is secured by the foreign spouse). Its a useless exercise as far as Philippine
law is concerned.
If a divorce secured by my foreign spouse is recognized in the Philippines, what should I do?
You need to file a petition for recognition of a foreign divorce decree with the appropriate court in the
Philippines. Ask your lawyer to prepare the petition for you. See Judicial Recognition of Foreign
Divorce Decree. Other related questions on foreign divorce decrees are discussed in that article.
Would it make any difference if I marry abroad (where divorce is allowed) so I could get a
divorce later on in that place?
No. Filipinos are covered by the prohibition against divorce, regardless of wherever they get married
(and regardless where they get a decree of divorce). This is based on the nationality principle
which basically provides that Philippine laws affecting their status follow them wherever they may be.
Would it make any difference if I later become a citizen of the other country? For instance, I
was married in the Philippines and secured a divorce in the United States. Both of us are
Filipinos and my spouse voluntarily signed the divorce papers. After the divorce, I married
another guy, a former Filipino who had acquired U.S. citizenship. I am still a Filipino citizen. Is
my previous marriage still valid in the Phils.?

Yes, the first marriage is still considered valid in the Philippines because divorce between Filipinos,
wherever secured and even if with the consent of both spouses, is not recognized under Philippine
laws. In other words, as far as the Philippines is concerned, the second marriage is null and void.
What if Im naturalized in another country and subsequently secures a divorce?
Naturalization in a foreign country is one of the ways to lose Filipino citizenship. A Filipino who loses
his citizenship through naturalization may secure a divorce decree abroad and have the valid
divorce decree recognized in the Philippines through theproper process in court.
If divorce is not allowed in the Philippines, does this mean that spouses have no remedy in
getting out of a problematic marriage?
While divorce is against public policy and is prohibited by law, the Family Code provides for certain
grounds to annul a marriage or declare it as null and void.
Why not allow divorce in the Philippines?
Good question. But this is properly addressed to your representatives in the House and your
Senators. As members of the legislative department, they have the power to make laws and change
existing laws.
Can I file the petition for annulment or declaration of nullity even if Im abroad?
Yes. You could prepare and file the petition for annulment or declaration of nullity even if youre
abroad. You could sign the document abroad and have it authenticated at the nearest Philippine
embassy. You could then transmit the documents for filing here in the Philippines. Your lawyer should
be able to guide you every step of the way, including the preparation and filing of the petition.