ABSOLUTE

DIVORCE
SYNOPSIS
OF RULES
ON IN A LEGAL DISPUTE AS TO WHETHER
DIVORCE WHICH LAW SHALL PREVAIL, THIS
PRESENTATION SEEKS TO GUIDE US
WHICH LEGAL AND SYSTEM AND
JURISDICTION APPLIES
HELLO!!! I AM YOUR

!
Philippine
Law on
1
Divorce

Only Filipino couples, as a general
rule, are covered by the policy
against absolute divorces.

As long as they are Filipino citizens,

they cannot obtain a divorce decree
abroad which would be recognized in
the Philippines.

 Our
FAMILY
CODE Art. 26, Where a marriage between a
provides: 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 likewise have capacity to
remarry under Philippine law.
Recognition of
Foreign Divorces
Under the Present
Philippine Law
Filipino Couples Alien Couples Mixed Couples
Filipino couples apply the When the foreigner
cannot obtain nationality does not become a
absolute divorces principle, if divorce Filipino or when the
abroad which will is valid by their Filipino does not
be national law, in become a foreigner
by virtue of the
entitled to spite of the fact
marriage, the rule is
recognition in the that internal
to deny the validity
Philippines. municipal law may of
not recognize the divorce since to
absolute divorce but rule otherwise would
only legal be unjust to the
separation. Filipino.
Some Cases

DIVORCE OBTAINED BY FILIPINO
CITIZEN ABROAD NOT
RECOGNIZED IN THE PHILIPPINES
Case: Tenchavez vs. Escano, G.R.
No. L-19671, Nov. 29, 1965

TENCHAVE
Z VS FACTS:

ESCANO Vicenta Escano, 27, and Pastor Tenchavez, 32, without knowledge of Vicentas parents, contracted a
marriage solemnized by a Catholic chaplain. Once the parents found out, it was decided that the marriage
should be re-celebrated since, according to Fr. Reynes, said marriage was invalid for lack of authority of
the solemnizing chaplain from the Archbishop or the parish priest. The marriage never pushed through
and Vicenta and Tenchavez continued to live separately from each other. Years later, Vicenta went to the
US where she obtained a divorce and then married an American. She subsequently acquired American
citizenship, but in the meantime, Tenchavez initiated legal separation proceedings in the Philippines.

ISSUE: Whether or not the marriage between Vicenta and Tenchavez still exists
HELD:
SC held that the marriage was valid and existing. The alleged lack of authority of the chaplain from the
Archbishop is irrelevant in civil law, not only because of separation of Church and State but also because
of the law in force at the time the marriage was celebrated.

On the divorce obtained by Vicenta, the same is not recognized in the Philippines. When the divorce
decree was issued, she was still Filipina, subject to Philippine laws. Under the Civil Code, absolute
divorce is not allowed, only legal separation. SC held that legal separation is proper in this case since
Vicentas marriage to the American is technically intercourse with a person not her husband (or
adultery, and a ground for legal separation) from the standpoint of Philippine law.
Some Cases

DIVORCE OBTAINED BY ALIEN IS
RECOGNIZED IN THE PHILIPPINES
Van Dorn vs. Romillo, G.R. No. L-
68470, Oct. 8, 1985

VAN DORN
VS FACTS:

ROMILO Alice Reyes Van Dorn, a Filipino Citizen and private respondent, Richard Upton, a US citizen, was
married in Hong Kong in 1979. They established their residence in the Philippines and had 2 children.
They were divorced in Nevada, USA in 1982 and petitioner remarried, this time with Theodore Van
Dorn. A suit against petitioner was filed on June 8, 1983, stating that petitioners business in Ermita
Manila, the Galleon Shop, is a conjugal property with Upton and prayed therein that Alice be ordered to
render an accounting of the business and he be declared as the administrator of the said property.

ISSUE: Whether or not the foreign divorce between the petitioner and private respondent in Nevada is
binding in the Philippines where petitioner is a Filipino citizen.

HELD:

Private respondent is no longer the husband of the petitioner. He would have no standing to sue petitioner
to exercise control over conjugal assets. He is estopped by his own representation before the court from
asserting his right over the alleged conjugal property. Furthermore, aliens may obtain divorces abroad,
which may be recognized in the Philippines, provided they are valid according to their national law.
Petitioner is not bound to her marital obligations to respondent by virtue of her nationality laws. She
should not be discriminated against her own country if the end of justice is to be served.
Some Cases

DIVORCE OBTAINED BY FORMER
FILIPINO WHO OBTAINED
AMERICAN CITIZENSHIP
RECOGNIZED IN THE
PHILIPPINES
Llorente vs. CA, G.R. No.
124371, Nov. 23, 2000


GABBY MARRIED SHARON WHEN HE HAVENT DIVORCED YET A CERTAIN JENNIFER MARTIN
LLORENTE
VS CA
FACTS:
Paula and Lorenzo were married in Camarines Sur. Before the outbreak of the Pacific War, Lorenzo
departed for the US while Paula stayed home. Lorenzo later became an American citizen and upon
liberation of the Philippines, he returned to Paula. However, he found that Paula was pregnant and
having a living in relationship with his brother. Lorenzo went back to the US and there obtained a
divorce. Then, when he returned to the Philippines, he married Alicia. Prior to his death, Lorenzo
instituted probate proceedings for the allowance of his will but died before its termination. Paula then
filed for issuance of letters testamentary, contending that she is Lorenzos legal wife, the divorce he
obtained not being recognized in the Philippines.

ISSUE: Whether or not the divorce obtained by Lorenzo is valid

RULING:
Lorenzo is a former Filipino citizen who became an American citizen long before and at the time of: (1)
his divorce from Paula; (2) marriage to Alicia; (3) execution of his will; and (4) death. While Philippine
laws do not recognize divorce, aliens may obtain divorces abroad, subject to the limitation that they are
valid under their national law. In the given case, the divorce obtained by Lorenzo, being an American at
the time he obtained the divorce, has legal effects in the Philippines. As such, the first marriage
between Lorenzo and Paula is validly dissolved, making the second marriage between Lorenzo and
Alicia valid and subsisting.
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