A divorce obtained by a Filipino in another country, like the USA or Japan for example, is not

recognized here in the Philippines. In several decisions, our Supreme Court has ruled that a
Filipino who obtains a divorce abroad and gets married here again, is liable for bigamy.

In People v. Schneckenburger, the Court held that the accused who secured a foreign divorce,
and later remarried in the Philippines, in the belief that the foreign divorce was valid, is liable
for bigamy. The Court, in People v. Bitdu, carefully distinguished between a mistake of fact,
which could be a basis for the defense of good faith in a bigamy case, from a mistake of law,
which does not excuse a person, even a lay person, from liability. Bitdu held that even if the
accused, who had obtained a divorce under the Mohammedan custom, honestly believed that
in contracting her second marriage she was not committing any violation of the law, and that
she had no criminal intent, the same does not justify her act. The Supreme Court further
stated therein that with respect to the contention that the accused acted in good faith in
contracting the second marriage, believing that she had been validly divorced from her first
husband, it is sufficient to say that everyone is presumed to know the law, and the fact that one
does not know that his act constitutes a violation of the law does not exempt him from the
consequences thereof. When the divorce is obtained by an alien spouse against a Filipino
The second paragraph of Article 26 of the Family Code states, to wit, Where a marriage
between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly
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 Executive Order
227) We must make a clear distinction here. [1] If it is the Filipino spouse who initiates
or files the divorce action against the alien spouse, the subsequent divorce will not be
recognized here in the Philippines. If that Filipino gets married here again, he or she will be
liable for bigamy. [2] However, if it is the alien spouse who initiates or files the divorce
action, Article 26 of the Family Code will apply. The divorce will be recognized here in the
Philippines, and if the said divorce allows the former alien spouse to remarry, the Filipino will
also have the right to remarry under Philippine law (that is, after the foreign divorce decree is
recognized by a Philippine court; more on this below). How do you know who filed or
initiated the divorce proceedings? I have come across some forums where the question has
been asked as to how do you know who filed or initiated the divorce proceedings? Well, if you
look at the divorce papers, the term complainant or petitioner refers to the person who
filed or initiated the case. The term defendant or respondent refers to the person against
whom the petition was filed. What about consensual or mutual agreement divorces? I
have been told that in some countries like Japan and Korea, the alien spouse and the Filipino
spouse can simply go through an administrative process where they can get divorced in less
than a day. According to a Wikipedia article, 90% of divorces in Japan are by mutual consent
(the term is kyogi rikon). This kind of mutual consent or agreement divorce is not recognized
here in the Philippines. Article 26 of the Family Code contemplates a situation where the
divorce is filed by the alien spouse against the unwilling or innocent Filipino spouse.
Please read my post

Is the Philippine embassy in Japan violating Article 26 of the Family Code and Supreme Court
decisions? Petition for annulment or recognition of a foreign divorce decree? As I said
above, before remarrying, the Filipino divorced by the foreign spouse must first file a petition
in a Philippine court for the recognition of the foreign divorce decree. Only when the court
has recognized the foreign divorce decree can the Filipino remarry. A lot of Filipinos
mistakenly think that if the Philippine embassy or consulate in the country where they are in
accepts their divorce papers that then their divorce is automatically recognized here in the
Philippines. They then get married again after submitting their divorce papers, and here is when
the legal problems arise as I discussed at the top of this post. The recognition of a foreign
divorce decree is a judicial process and not an administrative process. The petition is filed
with the courts and not with the Local Civil Registrar or with the National Statistics Office. If
officials of the LCR or the NSO by themselves annotate the divorce decree on the marriage
contract or certificate without any court order, they can be charged
administratively. Please take note also that the proper legal remedy is filing a petition for
the recognition of the foreign divorce decree and not for annulment of the marriage. Legally
speaking, annulment refers to voidable marriages under Articles 45, 46 and 47 of the family
Code while declaration of nullity refers to void marriages under Articles 35, 36, 37, 38 and 41
of the Family Code. But Filipinos commonly use annulment as a generic term. Please take
note that a petition for recognition of a foreign divorce decree is not specifically provided for
under the 1997 Rules of Civil Procedure or by a specific Supreme Court rule. But Article 26
already provides that if the divorce was obtained by the alien spouse against the Filipino
spouse, then the Filipino shall have the right to remarry. Thus, filing a petition for annulment
or for declaration of nullity is pointless. Moreover, the foreign divorce decree cannot be used
as the basis for the petition for annulment or for declaration of nullity since such petitions are
governed by the articles of the Family Code I cited above. In the case of Republic of the
Philippines v. Cipriano Orbecido III which I discussed in The right of a divorced Filipino to
remarry under Article 26 of the Family Code, Orbecido (a Filipino) was divorced by his wife (a
former Filipino who became a naturalized US citizen). Orbecido, invoking Paragraph 2 of Article
26 of the Family Code, later on filed a petition for authority to remarry with the Regional Trial
Court in Zamboanga del Sur. In its decision, the Supreme Court clarified that instead of a
petition for authority to remarry Orbecido should have filed a petition for declaratory relief
under Rule 63 of the 1997 Rules of Civil Procedure. But the Court also expressly mentions
recognition of a foreign divorce decree which is why most lawyers file this kind of petition
instead of a petition for declaratory relief. Perhaps it is time for the Supreme Court to issue a
clarificatory rule of procedure dealing with situations falling under the second paragraph of
Article 26. How long will the petition for recognition of a foreign divorce decree take? Our
Family Courts which have jurisdiction over this kind of petition are overloaded with cases
especially those located in Metro Manila and major urban centers; the court process can take
more than a year or two. What about a Filipino couple where one later on becomes a
foreign citizen and he/she obtains a divorce against the other?

(Note: Click the picture to download a free PDF newsletter on this topic.) Please read also
my post The right of a divorced Filipino to remarry under Article 26 of the Family Code where
I discussed the 2005 Supreme Court ruling in Republic of the Philippines v. Cipriano Orbecido III.
In this case, the Court ruled that:
[1] Paragraph 2 of Article 26 of the Family Code should be interpreted to allow a Filipino citizen,
who has been divorced by a spouse who had acquired foreign citizenship and remarried, also to
remarry; and

[2] The reckoning point is not the citizenship of the parties at the time of the celebration of the
marriage, but their citizenship at the time a valid divorce is obtained abroad by the alien spouse
capacitating the latter to remarry.
The Supreme Court ruling in Garcia-Recio vs. Recio (G.R. No. 138322, October 2, 2001) below
illustrates this provision of the Family Code.

"A divorce obtained abroad by an alien may be recognized in our jurisdiction, provided such
decree is valid according to the national law of the foreigner. However, the divorce decree and
the governing personal law of the alien spouse who obtained the divorce must be proven. Our
courts do not take judicial notice of foreign laws and judgments; hence, like any other facts,
both the divorce decree and the national law of the alien must be alleged and proven according
to our law on evidence.

"Philippine law does not provide for absolute divorce; hence, our courts cannot grant it. A
marriage between two Filipinos cannot be dissolved even by a divorce obtained abroad, because
of Articles 15 and 17 of the Civil Code. In mixed marriages involving a Filipino and a foreigner,
Article 26 of the Family Code allows the former to contract a subsequent marriage in case the
divorce is validly obtained abroad by the alien spouse capacitating him or her to remarry. A
divorce obtained abroad by a couple, who are both aliens, may be recognized in the Philippines,
provided it is consistent with their respective national laws.

"A comparison between marriage and divorce, as far as pleading and proof are concerned, can
be made. Van Dorn v. Romillo Jr. decrees that aliens may obtain divorces abroad, which may be
recognized in the Philippines, provided they are valid according to their national law.
Therefore, before a foreign divorce decree can be recognized by our courts, the party pleading it
must prove the divorce as a fact and demonstrate its conformity to the foreign law allowing it.
Presentation solely of the divorce decree is insufficient.

"It is well-settled in our jurisdiction that our courts cannot take judicial notice of foreign laws.
Like any other facts, they must be alleged and proved. Australian marital laws are not among
those matters that judges are supposed to know by reason of their judicial function. The power
of judicial notice must be exercised with caution, and every reasonable doubt upon the subject
should be resolved in the negative.

"Petitioner argues that the certificate of legal capacity required by Article 21 of the Family Code
was not submitted together with the application for a marriage license. According to her, its
absence is proof that respondent did not have legal capacity to remarry.

"We clarify. To repeat, the legal capacity to contract marriage is determined by the national law
of the party concerned. The certificate mentioned in Article 21 of the Family Code would have
been sufficient to establish the legal capacity of respondent, had he duly presented it in court. A
duly authenticated and admitted certificate is prima facie evidence of legal capacity to marry on
the part of the alien applicant for a marriage license.

"We agree with petitioners contention that the court a quo erred in finding that the divorce
decree ipso facto clothed respondent with the legal capacity to remarry without requiring him to
adduce sufficient evidence to show the Australian personal law governing his status; or at the
very least, to prove his legal capacity to contract the second marriage.

"Neither can we grant petitioners prayer to declare her marriage to respondent null and void on
the ground of bigamy. After all, it may turn out that under Australian law, he was really
capacitated to marry petitioner as a direct result of the divorce decree. Hence, we believe that
the most judicious course is to remand this case to the trial court to receive evidence, if any,
which show petitioners legal capacity to marry petitioner. Failing in that, then the court a quo
may declare a nullity of the parties marriage on the ground of bigamy, there being already in
evidence two existing marriage certificates, which were both obtained in the Philippines, one in
Malabon, Metro Manila dated March 1, 1987 and the other, in Cabanatuan City dated January
12, 1994."

For a discussion on divorce and Christians, please surf over to my Salt and Light weblog at
http://www.-salt-and-light-.blogspot.com/.

As 2006 comes in, please reflect on the words of Joshua in chapter 3, verse 4 of his book:
that ye may know the way by which ye must go: for ye have not passed this way
heretofore.

Happy New Year!


Posted by Atty. Gerry T. Galacio at Friday, December 30, 2005


38 comments:

Anonymous said...
Dear Atty. Galacio How is it that a Filipina cannot have her divorce recognised if she instigates
the divorce overseas. She was legally married overseas in a sovereign country, was mistreated
by that husband (adultery / alcoholism / fathering 2 children out side of the marriage by the
'husband') and because of this mistreatment sought a divorce in the same country of marriage
and was granted one without contest having these grounds accepted as a valid reason for
divorce. If I read your post and some articles elsewhere it seems that if she had been
adulterous and a bad wife and he had instigated a divorce then she could now remarry legally
in the Philippines. If I am right then does the law, in effect, say that the Filipina should have
suffered for the rest of her life? or pay huge fees to have the marriage annuled? I realise laws
are made to protect us and to differentiate between right and wrong but this does seem
somewhat onesided. Thanks for reading this
January 24, 2008 4:40 PM

Atty. Gerry T. Galacio said...
1. Thanks for your insightful comments. I fully empathize with the situation of the woman you
described. 2. Article 26, 2nd paragraph (concerning divorce and remarriage by Filipino
citizens) actually is an improvement over the previous legal provision on the same issue. Before
the Family Code took effect in August 1988, the New Civil Code of the Philippines provision on
this issue left Filipinos in a dilemma. While their foreigner-spouses are already divorced and
able to (and may have actually remarried), these Filipino citizens were still considered under
the NCC as married to these foreigners. Law students in the 1960s up to the 1988 remember
this legal situation as renvoi and what the late Se, Arturo Tolentino described as a me of
football. 3. What a lot of Filipinos do not realize as they live in foreign countries or get
married to foreigners is that Article 15 of the New Civil Code cannot be swept aside. Please read
my article entitled Ylmaz, Ruffa, TV Patrol on what Article 15 is all about. Essentially, Article
15 states that Philippine laws on marriage for example apply to Filipinos wherever they may be
in this world. 4. There is a legal principle which states Dura lex, sed lex. In English, this
translates to The law may be harsh, but it is the law. Our lawmakers have intended to bring
about the greatest good for the greatest number of people, balancing various beliefs, opinions
and views. Our laws on marriage, divorce, remarriage (for example) are meant for the greatest
good for the greatest number, but as so often happens in an imperfect world, certain groups or
individuals (like the woman you described) end up as casualties.
January 24, 2008 6:26 PM

Anonymous said...
I got married to a foreign national overseas and got divorce in the same country. I got married
for the second time overseas and also to a foregn national without knowing that under our law,
I am still bound to my first marriage. If we decide to live in the Philippines (my second husband
and me) will I be liable for bigamy? Someone told me that I won't be liable for bigamy but my
marriage will not be recognized in the Philippines, anywhere else in the world my second
marriage is valid except in our country. If we live in the Philippines, what would be my civil
status? Will it be married (to my first husband)?Married to my second husband? Or divorce? I
am really so confused.
January 25, 2008 5:30 PM

Atty. Gerry T. Galacio said...
In our criminal justice system, venue is jurisdictional. This means that the criminal case must be
filed in the place where the crime took place. If the crime took place in Manila, it cannot be
filed in Quezon City for lack of jurisdiction. Since you got married a second time outside of the
Philippines, the question is where in the Philippines should the case for bigamy be filed? It is
true however that your divorce (which you initiated) and subsequent remarriage will not be
recognized here in the Philippines. The problem that could possibly arise is when you fill out
certain documents and you indicate that you are married (to your 2nd husband. Any person
who knows about your previous marriage and divorce, might report you. The possibility is there
that you could be charged with perjury or lying under oath. There are no easy, clear cut
answers to your problem.
January 26, 2008 2:46 AM

Anonymous said...
You have mentioned that in our criminal justice system,venue is jurisdictional. That means that
no one can file a bigamy case against me since I didn't get married here in the Philippines. If
anyone wants to file a case against me, they have to go to the foreign country where I got
married. And in that foreign country, divorce is legal and acceptable. Am I liable for bigamy, just
asking.When it comes to perjury,I am sure I am not the only one in this case.It seems to me that
our law applies only for ordinary citizens and not applicable for the rich and famous.Why Ruffa
Bektas can get away with bigamy,and perjury and perhaps adultery as well? Just asking.
January 29, 2008 4:41 PM

Anonymous said...
Sir: i am not sending comment but this relates to the discussions here. my question is...can a
foreigh national file divorce to a filipina in the philippines where marriage took place? In the
foreign country? Also, if filed here in the philippines, can a wife or husband file divorce in the
philippines or abroad? please help me understand. thanks a lot
October 10, 2008 6:44 PM

Atty. Gerry T. Galacio said...
Let us discuss the issues one by one. 1. A divorce obtained by Filipino citizens abroad will
NOT be recognized here in the Philippines. 2. Some Filipinos think that if they get married in
a country which allows divorce (Singapore for example), then they will be allowed to divorce
their spouses. This is not true because of Article 15 of the New Civil Code of the Philippines.
(Please search this blog for my posts on Article 15.) 3. What if an American gets married here
in the Philippines to a Filipino citizen? Does it mean that he or she cannot divorce the Filipino
spouse since divorce is not allowed here in the Philippines? That American (or any foreigner for
that matter) can file for divorce in his or her country (or any other place in the world) since his
national law allows divorce for him or her. 4. A Filipino citizen married to a foreigner : If the
divorce is filed by the foreigner against the Filipino citizen and such a divorce allows the
foreigner to remarry, then the divorce will be recognized here in the Philippines under Article
26 FC. What the Filipino should do is to file a petition on court here not for annulment but for
the recognition of the foreign divorce decree. Once the court grants the petition, it will
order the NSO to make the proper annotation on the marriage certificate concerned. If the
divorce is filed by the Filipino citizen against the foreigner, then the divorce will not be
recognized here in the Philippines. This is true even if for example the ground for the divorce
was spousal violence by the foreigner against the Filipino citizen. This may sound harsh and
unjustified BUT the problem really is that these Filipinos got married to foreigners without
knowing what Philippine law (especially Article 15 of the New Civil Code) provides. 5. What
about a divorce for example in Singapore or Korea or Taiwan or Japan? I am told that in these
countries, all the foreigner and the Filipino spouse have to do is go to the City hall, file the
divorce papers and then get the divorce decree within the same day. I have not read a specific
Supreme Court ruling on this situation, but my reading of Article 26 of the Family Code is that
such a consensual or mutually-agreed upon divorce will not be recognized here. The idea
behind Article 26 is that the Filipino citizen is the aggrieved party, that is, the divorce action was
filed against him or her by the foreigner-spouse. In a consensual or mutually-agreed upon
divorce, it cannot be said that the Filipino was the aggrieved party. 6. What about if a
Filipino becomes a naturalized citizen of another country and wants to remarry here in the
Philippines? Since he or she is no longer a Filipino, the Family Code no longer applies to him or
her. What should he or she do considering that the marriage certificate of his previous marriage
is still on file with the NSO? My personal view is that once the former Filipino citizen is issued a
Certificate of Legal Capacity to contract marriage by his embassy or consulate under Article 21
of the FC, then he or she can remarry here in the Philippines without fear of possible legal
consequences. If ever a case of bigamy is filed, the defense can be raised that a divorce had
already been granted to the naturalized citizen and that the second marriage was entered into
not by a Filipino but by a citizen of another country. The possible mess will be of two
marriage certificates then being on file with the NSO. Can the naturalized citizen just send to
the NSO a copy of the divorce decree? Possibly, but the NSO generally requires a court order
for it to do anything like annotating the records on its files. Solution? Any party in this kind of
situation can, before getting married, ask for the opinion of the NSO or the DOJ just to avoid
potential problems later on. As far as I know, the NSO does not have internal rules or guidelines
on this issue.
October 14, 2008 2:52 AM

Anonymous said...
hi, i am a filippina i am married to a brasililen guy in japan ( we got married in japan) but i am
going to divorce here in japan and i wanna get married again to an europian guy, my question is
it possible? and how long do i need to wait before i can get married again? i am waiting for yor
answer!
November 15, 2008 12:25 PM

Atty. Gerry T. Galacio said...
It is quite clear in my discussion that you as a Filipino citizen CANNOT get a divorce abroad
becase it will NOT be recognized here in the Philippines. Even if you and your Brazilian
husband mutually agree to a divorce, that will NOT be recognized here in the
Philippines. Please read my other posts on divorce and Filipino citizens also in this blog (look
for the links in the sidebar).
November 15, 2008 12:42 PM

Anonymous said...
Hello Atty., I hope for a wonderful day. I have a question concerning your reply one
questioner: " 4. A Filipino citizen married to a foreigner : If the divorce is filed by the
foreigner against the Filipino citizen and such a divorce allows the foreigner to remarry, then
the divorce will be recognized here in the Philippines under Article 26 FC. What the Filipino
should do is to file a petition on court here not for annulment but for the recognition of the
foreign divorce decree." Once the court grants the petition, it will order the NSO to make
the proper annotation on the marriage certificate concerned." My question is, does one
need a lawyer to facilitate the petition in court or could it be done by the petitioner itself?
Thank you and more power!
November 18, 2008 6:02 PM

Atty. Gerry T. Galacio said...
A lawyer is needed to file the petition in court. The petitioner (or any person for that matter) is
not allowed to do it himself or herself because that will constitute an illegal practice of law.
November 21, 2008 8:45 AM

James said...
Atty. Galacio: My question is... Is it possible for an American citizen to divorce his filipina
wife with a child? And how long would the process be? They have been married for two years
and only seen each other phisically for a total of maybe 45 days... They have reached their point
I guess? I have a friend who is a bit lost... And have been helping him out to find bits of
information about this. Thank you! For your time
December 21, 2008 1:37 PM

Atty. Gerry T. Galacio said...
James, In terms of divorce, an American citizen is not governed by the provisions of the
Family Code. This means that he can file for divorce not here in the Philippines but in the US.
December 22, 2008 8:35 AM

Adie said...
Hi Atty. Galacio, my bf in the US is a former filipino. he is a US citizen now. He got married in the
Phil. in 1998.But hes a divorcee now, and it was his ex-wife who filed for a divorce but during
that time my bf is already a US citizen.The ex-wife is still on an immigrant status.My question is:
Does my bf still need to file for petition for annulment here in the Phil. before he can marry
me?Thank you very much Atty.
January 12, 2009 3:14 PM

Atty. Gerry T. Galacio said...
Your boyfriend is no longer a Filipino citizen and so the Family Code no longer applies to him.
What he needs if he wants to get married here is a Certificate of Legal Capacity to contract
marriage from the US Embassy. The potential problem is that once you get married here, the
NSO will have two marriage certificates on file under your boyfriends name.
January 13, 2009 3:41 PM

Adie said...
The potential problem is that once you get married here, the NSO will have two marriage
certificates on file under your boyfriends name. <<< atty., what can you suggest to do if this
problem arises?thank you very much for taking time to answer our questions. more power to
you.
January 13, 2009 5:55 PM

Atty. Gerry T. Galacio said...
Adie, Before getting married, you should inquire with the Legal Department of the NSO or
its Public Information desk as to how you can avoid this kind of a potential problem.
January 15, 2009 12:11 AM

Anonymous said...
greetings atty galacio, first oof all i want to thank you and say for the wonderful job of putting
this up and clearing up some of our problems. my inquiries is a bout my marriage, i was
married in 2003 while me being 21 and wife turning 19 a month before. within the same year i
migrated here in the states. after 2 yrs of thinking of a wonderful marriage i heard news of her
cheating with another man. i went home and confirmed it, and it was true and then decided to
just let here be. but we still remained good friends. now she had a baby last year with another
man and having another one this month. what advice can you give us so both of us can go our
separate lives. and also my girlfriend here is preassuring me bout this...thank you and god bless
January 15, 2009 7:08 AM

Atty. Gerry T. Galacio said...
1. First of all, please read my Salt and Light blog (look for the graphic link in the sidebar) post
titled Biblical grounds for divorce and remarriage. 2. Common ground for declaring a
marriage null and void here in the Philippines is Article 36 Family Code or psychological
incapacity. Please read the FAQ section of my Family Matters website (look for the link top of
the sidebar) on what psychological incapacity is all about. Please take note that the
Supreme Court has ruled that marital infidelity by itself (or even promiscuity) does not
constitute psychological incapacity. Please read my current post on the Dedel case.
January 15, 2009 2:22 PM

Anonymous said...
Hi Atty. Galacio, i filed petition for recognition of divorce and granted..got certificate of finality
order .registered at LCR then submitted to NSO but why i get a Notice of Exemption when i
tried to get a marriage license ?
February 06, 2009 1:16 AM

Atty. Gerry T. Galacio said...
1. What does the Notice of Exemption say? 2. The lawyer who handled your petition for
recognition of your divorce decree is the best person you can ask with regards this matter.
February 09, 2009 10:18 AM

Atty. Gerry T. Galacio said...
For everyone: Thanks for browsing this blog. I hope that I have been able to help you even
in some small way. From this point on, however, please do not post your questions or
comments here. Please email to me your questions or comments at gtgalacio@yahoo.com.
Answering e-mails is a much more straightforward and time conserving effort for me. With
questions posted in this blog, I have to first open my e-mail and then copy/paste the comments
or questions to Word. After composing my replies, I then have to search for the specific page
where the comments are located and then use a dialog box to post my replies. It is a time-
consuming process. Again, from this point on, please e-mail your questions or comments to
me.
February 09, 2009 10:18 AM

Anonymous said...
Good day Atty. I have situations that needs your intelectual advice. I have a friend who is
a german and maried in germany with a filipina. They've been together for 21years but the
relationship is not working. Now they are both here in philippines in thesame house. My
friend the german is not happy anymore for there is always trouble and quarrel everyday in
their life together..He wanted to go out and get away from their marriege. I wanted to ask what
is the best he can do legally to leave the filipina wife? What if he file a divorce there in
germany and still in process can he leave the house and live together to another girl? Is the wife
still have the rights to go to the court to file case to her husband and the girl because they are
still married? even though the divorce is being filed already? Is there a need that the wife
will agree to the divorce? And if she will not agree what are the possible ways that my friend
the german can go out legally from the marriage? Please we need your answer from our
querry.. thank you verry much God bless waiting for the response.. Shirly
August 23, 2009 4:08 PM

Atty. Gerry T. Galacio said...
Shirly, Your German friend, if his national law allows it, can file a petition for divorce against
the Filipino spouse. But as long as he is married and the petition for divorce has not been
granted, his Filipino wife can file RA 9262 Anti-Violence Against Women and Their Children Act
of 2004 cases against him. As to what German law provides about divorce, its procedures
and effects, you have to inquire from a lawyer in Germany.
August 25, 2009 9:16 AM

Hanzo said...
Dear Atty. I wish you a good day, and if it is not too much to ask, I have a question regarding
international divorce and re-marriage. I would greatly appreciate any input you can give based
on the situation. My Philippine girlfriend is currently living and working in Japan under a visa.
She is married to a Japanese National. The Japanese National will be filing for a divorce against
his Philippine wife soon. Based on what I have read, because it will be filed by the foreign
husband against the Philippine National in his host country, than the divorce should be
recognized in the Philippines. With this being said, is there an amount of time that she will
have to wait before re-marrying? I would greatly appreciate any input you have in my
situation. Very Respectfully, Hanzo
September 13, 2009 11:08 AM

Atty. Gerry T. Galacio said...
Hanzo, I have been informed by some parties with basically the same problem as yours that
divorces in Japan are done by simply filing a document signed by both husband and wife with
the office of the mayor. I have been told that in less than a day, the divorce is finalized once the
mayor signs it. This kind of divorce where there is active participation or implied consent on the
part of the Filipino citizen is NOT recognized here. The divorce recognized by Article 26 of the
Family Code is one where it is clear that it is the foreigner-spouse who filed the divorce against
the unwilling Filipino. When the divorce decree is granted, then the Filipino spouse must file
here a petition for recognition of the foreign divorce decree. A subsequent marriage is legally
possible only AFTER the Philippine court has granted the petition to recognize the foreign
divorce decree. Technically speaking, the subsequent marriage is possible only after the court
decision has become final and executory. In practical terms, the branch clerk of court will issue
what is called the order of finality or an entry of judgment. You can get married only after
you get this certificate of finality from the court. (Note: The Revised Penal Code of the
Philippines provides that a woman cannot get married within 300 days after the death of her
husband. This is to prevent confusion in paternity in case the woman is pregnant.)
September 15, 2009 1:42 PM

Anonymous said...
Hi. I am still a Filipino citizen and married a Filipino citizen in 2000 in the US. I divorced my
Filipino husband in 2009. We have reported this marriage to the Phillipine Embassy. I am in the
process of getting my US citizenship. Will I be able to legally marry my Filipino fiance in the
Philippines after i change my citizenship? Miley
December 20, 2009 9:43 AM

Anonymous said...
good day atty, my question is,how long it will take to process the petition for recognition of
foreign judgement?and how much it is usually cost?tahnks for the time atty....
December 23, 2009 5:20 AM

Atty. Gerry T. Galacio said...
Miley, You have a very interesting situation. Usually the situation involves a Filipino citizen
who obtained a divorce as a Filipino citizen and while still a Filipino, wants to remarry. As you
have read in this post, such is not allowed under the Family Code. In the Orbecido case (which I
discussed in the related post The right of a divorced Filipino to remarry under Article 26; look
for the link in the sidebar), the Supreme Court ruled that the divorced Filipino (strictly
referring to the Filipino citizen whose spouse, an ex-Filipino, filed or initiated the divorce) can
remarry. In your situation, you obtained your divorce while you are still a Filipino citizen.
After you become a US citizen, you are no longer bound by Philippine laws. Can you now
remarry here in the Philippines? The requirement in the Family Code for foreigners wanting to
get married here in the Philippines is to obtain a certificate of legal capacity to contract
marriage. But if anyone who knows that you obtained your divorce while still a Filipino can file
the proper complaint in court asking it to restrain the Local Civil Registrar from issuing a
marriage license. Your situation is interesting and open ended as of now. I am not aware of
any decision by the Philippine Supreme Court on this kind of situation. If and when you do
obtain your US citizenship and want to get married here, then the legal remedy for you is to file
a petition for declaratory relief. In this kind of petition, you will be asking the Regional Trial
Court to issue a ruling as to whether you can remarry here. You can also even now ask the
Department of Justice to issue an opinion as to your situation.
December 23, 2009 9:49 AM

Atty. Gerry T. Galacio said...
I already answered your e-mail.
December 24, 2009 9:07 AM

Anonymous said...
Atty. Galacio, Thank you very much for your response. It was very helpful. More power to
you and God bless. Miley
January 03, 2010 9:51 AM

Mary said...
Hi Atty. Galacio, I'm a Filipina citizen who got married to a Canadian citizen last 2004. We
then migrated to Korea. We divorced last 2008 there and now I have sent the translated &
notarized divorce decree to Philippine embassy which forwarded it to DFA and now on its way
to NSO. My questions are the following: 1) Is it needed for the divorce decree to be
recognized by the Canadian Embassy too, so as to prove that it binds him as well? (We resided
in Korea for 4 years and he is still there.) 2) After NSO receives the document from DFA, what
do I need to do? Can I obtain what I sent them for legal purposes or will they just issue me a
receipt saying they received it? 3) From I what I read, I need to hire a lawyer to have this
divorce recognition filed at the RTC. I got conflicting reports as to how long this legal process
will last. Some said 3-6 months since it is not annulment. 4) My ex-husband was the
complainant and I am the petitioner. On the divorce decree it says complainant and petitioner
can no longer live together. This is a standard divorce message on Korean divorces. Am I
qualified to file for foreign judgment of recognition or shall it be annulment. I would greatly
appreciate your enlightenment. I've been losing weight and sleep thinking about
everything. Thank you.
January 08, 2010 5:05 PM

Donna Lou said...
Hi sir, I just got my annulment granted by a court dated December 2, 2009. My ex-husband
and I has been separated for years upon filing the annulment and also we have 2 kids. We both
have our own partners and just wanted to move on with our lives. But my lawyer said that the
said annulment decision by the court must be annotated first by the National Statistics Office
before I can actually have an annulment date. I have learned that my ex husband got married in
the US recently even before we can have the annulment annotated here in the Philippines. My
question is, is he legally allowed to do that or is he liable for a bigamy case. My boyfriend is a
US citizen by the way and wants to marry me also, can he file for my petition (fiance visa
application) already using the courts decision alone or do we still have to wait for the decision
to be finalize by the National Statistics Office. One of my 2 children had his birth certificate
legitimated by our previous marriage and since the court already granted the annulment, can i
change his surname back to my surname? Please enlighten me Sir. Thank you.
January 10, 2010 7:34 AM

Atty. Gerry T. Galacio said...
Donna Lou, 1. Your lawyer is correct. Please read Section 23 of Rule on Declaration of
Absolute Nullity of Void Marriages and Annulment of Voidable Marriages in my website
www.familymatters.org.ph under the Legal Procedures section. If you get married again
without that decree being annotated on the NSO files, you can be charged with bigamy. (Your
marriage will also be void.) Please take note that bigamy is a public crime which means that
ANYONE can file the case against you. What about your husband since he has already
gotten married? He has committed bigamy but the problem is that he cannot be charged here
in the Philippines since the bigamous marriage took place outside the country. There is a
problem with what lawyers call jurisdiction. (He can however be charged there in the US.) 2.
Even if your marriage has been declared null and void, your children with your former husband
are still considered legitimate. This is provided for by Article 54 of the Family Code which
states: Children conceived or born before the judgment of annulment or absolute nullity of
the marriage under Article 36 has become final and executory shall be considered legitimate.
Children conceived or born of the subsequent marriage under Article 53 shall likewise be
legitimate. Your legitimated child has the right to bear his/her fathers surname. You will
find it very difficult if not impossible to ask our courts to change your legitimated childs
surname.
January 12, 2010 7:48 PM

Atty. Gerry T. Galacio said...
Mary, I already answered your e-mail but I am posting my answer here for the the benefit of
other readers who might have the a=same problem. Please clarify: My ex-husband was the
complainant and I am the petitioner. In the Philippine judicial system, the terms complainant
and petitioner refer to the same person. In a case, the person who files the complaint is the
complainant while the person against whom the case is filed is called the defendant. In a
petition, the person who files the petition is the petitioner while the person against whom
the petition is filed is called the respondent. Are you referring to a divorce filed in a
Korean court or to a divorce filed in an administrative proceeding only? Anyway, the
principle is that if it is the foreign spouse who files or initiates the divorce against the
innocent or unwilling Filipino spouse, then such will be recognized here in the Philippines. If
the divorce you got was an administrative divorce where you and your foreign spouse mutually
agreed to the divorce, then such will not be recognized here in the Philippines. This is true even
if the NSO accepts your documents. Your remedy would then have to be to file for declaration
of nullity, instead of filing a petition for recognition of a foreign divorce decree. I got
conflicting reports as to how long this legal process will last. Some said 3-6 months since it is not
annulment. You probably talked to non-lawyers. This kind of cases are handled by our
Family Courts which handle numerous are usually overloaded with cases, especially those in
Metro Manila and major urban areas. 3 to 4 months would just be spent for the filing of the
case, issuance of the order, service of summons, etc. You can expect to spend at least a year or
two for the case to be finished. You need to sit down with a lawyer who can look at the
divorce decree you have. The lawyer can then suggest what your legal remedies may be.