Mentioning the new nationality principle, this new Courtroom troubled one “a different divorce case decree offers as often authenticity
In the Orbecido, a great Filipino resident tried permission so you can remarry before the courts, claiming that his former Filipina partner got received a breakup erican legal shortly after she has been around since good naturalized American citizen. This new Legal held that the outcomes of the fresh new divorce case decree will be become recognized on the Philippines since it are acquired from the previous spouse once the an american resident in line with her national laws, which for this reason, the brand new Filipino husband is going to be permitted to remarry pursuant to Article 26(2).
Because of foregoing, we county the brand new dual facets for the application of Paragraph 2 off Post twenty-six as follows:
The fresh reckoning point is not necessarily the citizenship of your own events at the time of one’s occasion of relationships, however their citizenship during the time a valid breakup try gotten abroad from the alien lover capacitating aforementioned so you can remarry.
In such a case, whenever [the newest Filipino spouse’s] wife try naturalized as a western citizen, there can be nonetheless a valid relationships that was notable between [them]. Just like the future could have they, the fresh new naturalized alien wife subsequently received a legitimate separation capacitating their so you’re able to remarry mail order evlilik boЕџanma oranД±. Hence x x x this new “divorced” Filipino mate, would be permitted to remarry. (Emphasis and you can underscoring provided)
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 within this legislation 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.
For this reason, unlike providing given that bases into the blanket detection of overseas divorce decrees on the Philippines, I think that Court’s rulings inside the Van Dorn, Orbecido and you can Dacasin simply describe the fresh parameters to your application of the fresh nationality idea included in Article fifteen of your own Municipal Code, as well as the exception thereto used in Article twenty six(2) your family Password. These types of parameters could be described as follows:
Clearly, the brand new dual requisites to the application of Paragraph 2 of Article 26 was each other present in this example
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 because of the good Filipino resident cannot be enforced in the Philippines. To let if not will be to permit an effective Filipino resident so you’re able to invoke foreign rules to help you evade an express prohibition below Philippine law.
It needs to be highlighted, however, the prohibition against pure divorce case just applies to Filipino residents. Correctly, it cannot be invoked from the a foreign national to help you avert the new aftereffects of a separation decree granted pursuant to help you his national law. So you’re able to summarize, a separation and divorce decree provided from the a different legal stays joining for the the new international lover on the Philippines, regardless of the class exactly who acquired an equivalent provided eg decree holds true and you can productive beneath the international partner’s federal laws.