Persons July 18, 2012

What is the effect of divorce on marriages between Philippine citizens? contrary to law, morals and public policy; Art. 15What happens if both spouses were Philippine citizens at the timeWhat happens if both spouse were Philippine citizens at the time of the celebration of the marriage but later on one of them became naturalized as a foreign citizen and then obtained a divorce decree abroad? spirit of the law what is important is at the time the divorce decree was secured one of them is a foreigner Orbecido caseWhat is the effect of the dual citizenship to the interpretation of par. 2 of Art. 26? divorce is not valid - take oath of allegiance regardless of other citizenship they might have

Divorce in Philippine Law: Guiding Principles1. Philippine law does not provide for absolute divorce; our courts cannot grant it2. A marriage between 2 Filipinos cannot be dissolved even if divorce obtained abroad because of Art. 15, 173. In mixed marriages, Art. 26 par. 24. A divorce obtained abroad by a couple, who are both aliens may be recognized in the Philippines provided it is consistent with their respective national laws.

Legal Effects of Divorce in Mixed Marriages:1. A divorce obtained abroad by an alien married to a Filipino may be recognize in the Philippines, provided the divorce is valid according to the national law of the foreigner2. The reckoning point is not the citizenship of the divorcing parties at the time of the marriage, but their citizenship at the time a valid divorce is obtained abroad.3. It is only after complying with the procedure in having the foreign decree of divorce judicially recognized and enforced through court processes here in the Philippines that the Filipino spouse may validly remarry.

Republic vs. IyoyArt, 26 is not applicable to a case where a Filipino spouse became naturalized American after obtaining a divorce decreeRepublic vs. OrbecidoBayot vs. CAForeign divorce decree is valid when secured by a spouse who assert her foreign nationality rather than her Philippine citizenship at the time of the divorceIn this case the divorce was obtained on Feb. 22m, 1996 while the recognition as Filipino citizen (by virtue of the Dual Citizenship Law) occurred in June 8, 2000. Thus, the divorcing party at the time the valid divorce was obtained was a foreign national.Marriages exempt from marriage license Art. 27, 28, 31, 32, 33 and 34Article 27 marriage in articulo mortisArticle 28 residence is so located, no means of transportation to appear personally before the local civil registrar marriage may be solemnized without necessity of a marriage licenseLocal civil registrar legal capacity of the parties (duty)Article 29 solemnizing officer affidavit executed before the local civil registrar or other authorizedArt. 30 solemnizing officer send to local civil registrar 30 daysArt. 31 ship captain/airplane pilotArt. 32 military commanderArt. 33 Muslims/ethnic cultural communities solemnized in accordance with their customsArt. 34 2 persons living together for a period of at least 5 years (husband & wife) no legal impediment exempted to encourage the couple to legalized their relationship and avoid embarrassment Is it no legal impediment for the whole 5 years or only at time of the celebration of the marriage? prior to the effectivity of the civil code = whole 5 years (Ninal vs. Badayog) civil code = at the time of the celebration of the marriage (Manzano vs. Sanchez) giving premium to adulterous relationship

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