Divorce

Is a legal dissolution of marriage bond rendered by a competent court for causes defined by law which
arose after marriage. It presupposes that the marriage is not valid.

As opposed to Annulment, Legal Separation, Declaration of Nullity of Marriage which is recognized in

the Philippines.

Annulment

strictly speaking is the declaration of a marriage null and void. It is retroactive in

character; meaning, the effects go back to the first day you were married. It is
also important to bear in mind that annulment of marriage must be based on
specific grounds. Without the grounds for annulment being present and existing
before the celebration of the marriage, annulment cannot prosper.

Grounds Art 45 FC

Legal separation

merely the separation of spouses from bed and board. (Article 63 of the

Family Code) While it permits the partial suspension of marital relations,
the marriage bond still exists as the marital bonds are not severed as in
the case of annulment or petition for nullity.

Grounds Art 55 FC

Declaration of Nullity of Marriage

rendering a marriage “void ab initio” or void from the beginning.

Grounds Art 35-38 FC

Divorce

A divorce between Filipino spouses is not valid and is not recognized in the country. In the illustrative
case of Tenchavez vs Escano wherein the defendant Escano obtained a divorce decree in Nevada, USA
divorce court. The court said in wise that “For the Philippine courts to recognize and give recognition or
effect to a foreign decree of absolute divorce between Filipino citizens would be a patent violation of
the declared policy of the state, specially in view of the third paragraph of Article 17 of the NCC.

Let’s simplify

Filipino and Filipino marriage in the Philippines

Philippine laws apply as to intrinsic and extrinsic validity of their marriage

Filipino and Filipino marriage in a foreign country

Philippine laws apply as to formal requisites of marriage of their marriage

Article 26 correlated to Article 15 and 17 of the Civil code.

Art 15 NCC: Laws relating to family rights and duties, or the status, condition and legal capacity of
persons ae binding upon citizens of the Philippines, even though living abroad.

Art 17 NCC: The forms and solemnities of contracts, wills, and other public instruments shall be
governed by the laws of the country in which they are executed.

When the acts referred to are executed before the diplomatic or consular officials of the Republic of the
Philippines in a foreign country, the solemnities established by the Philippine laws shall be observed in
their execution.

Prohibitive laws concerning persons, their acts or property, and those which have for their object, public
order, public policy and good customs shall not be rendered ineffective by laws or judgements
promulgated, or by determinations or conventions agreed upon in a foreign country

Article 26 par 1: All marriages solemnized outside the Philippines, in accordance with the laws in force in
the country where they are solemnized, and valid there as such, shall also be valid in this country, except
those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38. (void and voidable marriages)

Hence, a Filipino and Filipino marriage executed before diplomatic and consular officials

Intrinsic and extrinsic requisites must be complied

As to Filipino nationals pursued a same sex marriage in a foreign country

It is prohibited pursuant to Article 17 par 3, as it is contrary to public policy

Filipino and Foreigner marriage in the Philippines

Republic vs Obesido