This House Supports the Validity

of the Divorce Decree Filed and

Obtained by the Filipino Spouse
Against the Foreigner Spouse

Opposition Side

Chua, Clint Richard

Dela Cera, Alex
Jumawan, Joram

October 01, 2019

Submitted to:
Atty. Anne Lorraine T. Diokno
 This House Supports the Validity of the Divorce Decree Filed and Obtained
by the Filipino Spouse Against the Foreigner Spouse

Verba legis non est recedendum, or from the words of a statute there
should be no departure."

Paragraph 2 of Article 26 of the Family Code of the Philippines clearly states that
“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)”.

Following the logic of the above-mentioned, the Opposition does not recognize the
validity of the divorce decree filed and obtained by the Filipino spouse against the
foreigner spouse.

Such expressed disagreement by this side is supported by the following notions:

1. By view of its unconstitutionality

2. By view of the decision of the Supreme Court, in the case of Republic of the
Philippines vs. Manalo, as judicial legislation
3. By view of the motion having no evident and definite urgency

By view of its unconstitutionality

There is no law that allows the validity of the divorce decree filed and obtained by
the Filipino spouse against the foreigner spouse. Paragraph 2 of Article 26 of the Family
Code states that “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.” The recognition of the validity is based on the nationality principle
as provided by Article 15 of the New Civil Code, “Laws relating to family rights and duties,
or to the status, condition and legal capacity of persons are binding upon citizens of the
Philippines, even though living abroad.”

By view of the decision of the Supreme Court, in the case of Republic of the
Philippines vs. Manalo, as judicial legislation
 This House Supports the Validity of the Divorce Decree Filed and Obtained
by the Filipino Spouse Against the Foreigner Spouse
The opposition side understand and empathize that some marriages are deemed
irreconcilable and that separation between spouses are the only way out. However, we
do not recognize divorce in relation to the motion.

HB 7303 proposes the issuance of divorce decrees on the basis of the following
grounds:

a. The existing grounds for legal separation and annulment of marriage under
Articles 55 and 45 of the Family Code;
b. Separation in fact for at least five years;
c. Psychological incapacity, whether or not present at the time of the celebration
of the marriage;
d. Gender reassignment surgery or transition from one sex to another undertaken
by either spouse; and
e. Irreconcilable marital differences.

The proposal of this bill and other divorce-related bills tells us that legislative
department recognizes the possible need for divorce, and the same time, it implies that
the Court’s role is to simply apply the current law.

Allowing the liberal interpretation of FC 26(2), meaning recognizing the validity of

the divorce decree initiated and filed by the Filipino spouse, is tantamount to recognizing
divorce which is a prohibition in the Philippine laws. Quoting Justice Alfredo Benjamin
Caguioa in his dissent in the case of Republic vs Manalo, "The Court is bound to respect
the prohibition, until the legislature deems it lit to lift the same through the passage of a
statute permitting absolute divorce."

By view of the motion having no evident and definite urgency

Even if such bills would not be passed at the current time, the side of the house
believes that hastening the passage of such laws is not of the essence.

The current Family Code of the Philippines provides remedies for spouses opting
out of marriage.

Contrary to popular belief, annulment cases have a high percentage of being

granted. On a randomly selected data from 2010 to 2011, 94% percent of petition are
granted. Though this house does not disregard the value of marriage, however, this tells
us that the process for annulment is taking effect and the divorce is not of urgency.