Mentioning this new nationality idea, the brand new Court stressed one “a different breakup decree sells as often authenticity
Inside the Orbecido, a Filipino citizen sought permission so you can remarry until the process of law, saying you to definitely his previous Filipina partner had received a separation and divorce erican court immediately following she has been around since a naturalized Western resident. The brand new Courtroom stored that the aftereffects of the fresh splitting up decree is end up being accepted on Philippines because is actually acquired by the previous spouse because an american citizen in accordance with their particular federal law, and therefore for that reason, the new Filipino spouse is allowed to remarry pursuant in order to Article 26(2).
In view of the foregoing, i county this new dual elements toward applying of Paragraph dos away from Blog post twenty-six the following:
The newest reckoning section isn’t the citizenship of parties during the the full time of your own celebration of one’s wedding, but their citizenship during the time a valid divorce proceedings is received abroad by the alien spouse capacitating aforementioned so you can remarry.
In this instance, whenever [the latest Filipino spouse’s] spouse is actually naturalized just like the a western resident, there is nevertheless a valid relationship which was notable between [them]. Due to the fact destiny might have they, the fresh new naturalized alien partner then obtained a valid divorce proceedings capacitating their particular so you can remarry. Therefore x x x the “divorced” Filipino lover, are going to be permitted to remarry. (Emphasis and underscoring given)
Still, in Dacasin, a Filipino wife secured a divorce erican husband from an Illinois court. The decree awarded sole custody over the parties’ daughter in favor of the Filipino wife. While the parties subsequently executed a Joint Custody Agreement, the Filipino wife refused to honor the agreement, prompting the American husband to seek redress before the Philippine courts. The Court held that the Illinois divorce erican citizen, and that the latter cannot be permitted to evade the terms of the custodial award. from the alien divorcee contained in this jurisdiction as it does in the jurisdiction of the alien’s nationality, irrespective of who obtained the divorce.” It bears stressing that the issue raised in Dacasin was the enforceability of the Joint Custody Agreement against the American husband, and not the validity of the foreign divorce decree as against the Filipino wife.
Thus, in the place of offering because angles into blanket recognition of foreign separation decrees in the Philippines, In my opinion your Court’s rulings when you look at the Van Dorn, Orbecido and you will Dacasin venГ¤jГ¤ tytГ¶t niin kauniita simply clarify new variables towards the applying of the brand new nationality idea used in Post 15 of one’s Municipal Code, as well as the exception to this rule thereto used in Blog post twenty-six(2) your family Code. This type of parameters tends to be summarized below:
Obviously, brand new twin requisites to the applying of Paragraph 2 of Article twenty six are both found in this case
Owing to the nationality principle, all Filipino citizens are covered by the prohibition against absolute divorce. As a consequence of such prohibition, a divorce decree obtained abroad from the a great Filipino citizen cannot be enforced in the Philippines. So that if not is always to enable an effective Filipino citizen so you’re able to invoke foreign law so you can evade a display ban below Philippine laws.
It should be highlighted, however, that the ban up against pure divorce only pertains to Filipino citizens. Properly, it cannot end up being invoked of the a foreign federal to help you avert the negative effects of a splitting up decree granted pursuant to their federal law. So you’re able to summarize, a breakup decree issued by a different legal remains joining towards the the fresh international companion from the Philippines, whatever the people whom acquired a similar provided instance decree holds true and effective according to the foreign partner’s federal law.