There is no law allowing divorce in the Philippines.

The only remedy available to Filipinos

for ending their marriage is Annulment. Take note that his remedy is distinct from
Declaration of Nullity of Marriage.

Annulment of Marriage is the proper remedy if the marriage is voidable or one that is valid until
annulled. A marriage is voidable if there is a defect in any of the essential requisites of marriage.
On the other hand, Declaration of Nullity of Marriage is the remedy if the marriage is void from
the beginning by reason of the absence of any essential or formal requisite of marriage.

Filipino lawyers working overseas find themselves confronted by questions from their fellow
Filipinos on whether or not they can avail of divorce abroad. Usually, these inquirers are those
who contracted marriage abroad, married a foreigner, or have already migrated to another
country after marriage.

For Filipino couples, neither of the parties may avail of divorce from anywhere in the world, the
reason being Article 15 of the New Civil Code which states that Laws relating to family rights
and duties, or to the status, condition and legal capacity of persons, are binding upon citizens of
the Philippines even though living abroad. This means that, as enumerated by law, matters
pertaining to Filipinos family rights, duties, personal status, condition and legal capacity are
dictated by Philippine law, and these laws will follow Filipinos anywhere they may be. And since
Philippine law does not allow divorce, this law goes with them wherever they reside.

The above rule, however, admits of exceptions. One exception when divorce can be recognized
in the Philippines is in cases of mixed marriages or marriages between a Filipino and a foreigner.
In such cases, the foreign spouse may avail of divorce from his own country or from any other
country which his own State will recognize. This is anchored on the 2nd paragraph of Article 26
of the Family Code of the Philippines which provides that Where a marriage between a 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 have capacity to
remarry under Philippine law.

The two elements for the application of the above provision are: (1) there is a valid marriage that
has been celebrated between a Filipino and a foreigner; and (2) a valid divorce is obtained abroad
by the alien spouse capacitating him or her to remarry.

Traditionally, the above rule is applicable only to mixed couples. Now, however, the rule has
been expanded to include cases of Filipinos who have been naturalized as foreign citizens and
thereafter obtain a valid divorce.

The divorce obtained by the foreign or naturalized spouse is not automatically recognized in the
Philippines. The Filipino party needs to file a case in court for the recognition of the foreign
divorce. The party pleading for divorce recognition must prove the divorce as a fact and
demonstrate its conformity to the foreign law allowing it. It must also be shown that the divorce
decree allows the former spouse to remarry, as specifically required in Par. 2, Art. 2 of the
Family Code of the Philippines.
Only until after the foreign divorce is recognized in the Philippines can the Filipino spouse enter
into another marriage. One cannot presume that he or she is legally capacitated to enter into
another marriage because the former spouse has already been granted a divorce. The recognition
of the foreign divorce is mandatory if the Filipino party is to remarry.