Marriage between Filipinos and its effects when divorce is initiated by either of the spouses:
1) Both spouses are Filipinos married in Philippines
Man divorces wife in foreign country (Art. 15, CC)
Effects:
Divorce not valid here (Art. 15, CC)
Man cannot remarry (national law)
Woman cannot remarry (same)
2) Both spouses are Filipinos married in Philippines (Llorente case)
Man becomes naturalized citizen of foreign country
Man divorces wife in foreign country
Effects:
Divorce valid as to the husband (Llorente case)
Wife cannot remarry (Art. 26[2] CC, applicable only to originally mixed marriages)
Q: Suppose man goes back to Philippines and remarry here. Is the subsequent marriage valid here?
A: Yes. Valid. (Art. 15, applies by implication with regards to aliens), but he may be liable for bigamy.
3) Both spouses are Filipinos married in foreign country
Man becomes naturalized citizen of foreign country
Man divorces wife in foreign country
Effects:
Divorce valid as to the husband (Llorente case)
Wife cannot remarry (Art. 26[2] CC, applicable only to originally mixed marriages)
4) Both spouses are Filipinos married in foreign country
Man divorces wife in foreign country (Art. 15, CC)
Effects:
Divorce not valid here (Art. 15, 17[3] CC)
Man cannot remarry
Woman cannot remarry
5) Both spouses are Filipinos married in foreign country
Woman becomes naturalized citizen of foreign country
Woman divorces man in foreign country
Effects:
Divorce valid as to the husband (Llorente case)
Wife cannot remarry (Art. 26[2] CC, applicable only to originally mixed marriages)
6) Both spouses are Filipinos married in foreign country
Woman divorces man in foreign country
Effects:
Divorce not valid here (Art. 15, CC)
Man cannot remarry (national law)
Woman cannot remarry (same)
7) Both spouses are Filipinos married in Philippines
Woman becomes naturalized citizen of foreign country
Woman divorces man in foreign country
Effects:
Divorce valid as to the husband (Llorente case)
Wife cannot remarry (Art. 26[2] CC, applicable only to originally mixed marriages)
8) Both spouses are Filipinos married in Philippines
Woman divorces man in foreign country
Effects:
Divorce not valid here (Art. 15, CC)
Man cannot remarry (national law)Woman cannot remarry (same)
Source:Pinoy.law
In case number2, say I am the wife of this naturalized hubby in a foregin country. I want to contest the divorce; can I do that from the Philippines? Can I be represented by a lawyer from the Philippines?
ReplyDeleteSupposed foreign man married filipina in the philippines, after marraige went to man's foreign land to live for 10 months, but they got divorced, note: woman is not yet naturalized... Q: Woman back to the Philippines...Is the divorce valid?
ReplyDeleteFrom the looks of it, it looks like that the law above both the man and the woman favors the husband on majority of the cases mentioned. I hope that Filipino attorneys can think of way to make this fair.
ReplyDelete