What did we do for our midterms and we'll cover 2.

same property regime as in a valid marriage is

module five on established between the spouse and children are
legitimate if conceived before the decreee of
conflict rules involving the topic of
annullment and
DISSOLUTION OF MARRIAGE.
3. the marriage cannot be attacked collaterally,
coverage of your midterm examinations will be that is, there must be a decree of annulment to set
from modules one to five. aside the marriage.
distinguish annulment from declaration of nullity 4. that the marriage can no longer be impugned after
of marriage. the death of the spouses.

Annulment Declaration of nullity On the other hand, let's now take a look at the other
of marriage side of the of this slide.

remedy if the marriage remedy if the marriage LEGAL EFFECTS OF A VOID MARRIAGE
is voidable or is void ab initio or void 1. void marriage is absolutely inexistent, being void
annullable from the start ab initio.
since a voidable they still have to file  Thus, its legal effects are it cannot be
marriage is valid until this case of declaration convalidated.
annulled by a court of of nullity of the  So prescription is not one of those that will
competent jurisdiction, marriage validate it.
it has certain legal 2. The only property relationship between the parties
effects is a CO-OWNERSHIP. So that's a property
regime for these kinds of managers co ownership,
which are governed by articles 147 to ? of the
Family code.
3. The children are ILLEGITIMATE, except
annulment of course, is the remedy if the marriage children of void marriages under Article 36
is voidable or annullable, that is, those marriages psychological incapacity and article 53 of the
that are valid until annulled. So, they remain to be family code.
valid until the party or the parties would avail of the 4. the marriage maybe attacked directly or
remedy of annulment, while declaration of nullity of collaterally or it allows for collateral attack.
marriage is the remedy if the marriage is void ab 5. the marriage can still be impugned, even after
initio or void from the start, but then again, they still the death of the spouses
have to file this case of declaration of nullity of the
marriage for reasons that since a voidable marriage
is valid until annulled by a court of competent annullment from declaration of declaration of
jurisdiction, it has certain legal effects namely again nullity; voidable marriage from a void marriage
we are focusing now on the remedy of annulment in
relation to voidable marriage.
marriage under Article 36 is null and void and the
LEGAL EFFECTS of a VOIDABLE
remedy to declare the marriage as such is a
MARRIAGE:
declaration of nullity of marriage and not
1. it can be convalidated either by: annullment.
a. FREE COHABITATION or
if you take a look at the study the circumstances
b. PRESCRIPTION.
behind the marriage
So when the parties want to avail of the remedy of
DISSOLUTION OF MARRIAGE
annulment such voidable marriage can be
convalidated, validated is a key term here, either by State whether the following marital unions are valid
free cohabitation or prescription. void or voidable and give the corresponding
justifications for your answer.
Illustration no. 1:
So this is taken from the 2017 bar. Okay so first
scenario ADOR and Becky's marriage we're in
ADOR was afflicted with AIDS prior to the
marriage. So, so good. At the top of your head, can
you give us an answer to the for the purposes of
your review now, of time?
Do you have an answer? Your answer is this then
you're correct. The marriage is VOIDABLE.
Because Ador was afflicted with a serious and
incurable sexually transmitted disease at the time of
marriage.
For a marriage to be annulled under Article 45 (6),
the Sexually Transmitted Disease must be:
1. existing at the time of the marriage.
2. found to be serious and incurable
3. unknown to the other party.
applying from our limited facts, Ador was afflicted
with AIDS, which is a serious and incurable
disease. And the condition existed at the time of
the marriage. The marriage here is voidable,
provided such illness was not known to Becky. the
requirements for article 45 come into the picture
and be a ground to annul the marriage.
Illustration no. 2:
What about Carlos marriage to Dina, which took
place after Dina had poisoned her previous husband,
Edu, in order to free herself from any impediment
with Carlos. drama? what's your answer? Is it valid?
void, or voidable? So if your answer is this, then
you're correct.
The Marriage of CArlos to Dina is VOID for
reasons of public policy. We have our legal basis as
article 38. That's Item Number Nine of Article 38 of
the family code provides that marriage between
parties were on the intention to marry the other.
Illustration no. 3:
another situation, Ely and Felly is marriage
solemnized seven years after the disappearance of
Chona, Ely's previous spouse, after the plane,
Chona had boarded crashed in the West Philippine
Sea. Valid void voidable
pointing to a situation now is the marriage void
under Article 35, item number four there, paragraph
no 4 in relation to article 41 on the family code. The
requisites of a valid marriage under Article 41 are as
follows:
 that the prior spouse, so we're referring to
Chona in this case had been absent for four
consecutive years. Except when the
disappearance is in danger of death, which only
requires two years, the present spouse had
found the person the one who was absent.
 The present spouse had a well founded belief
that the absent spouse is already dead, then the
spouse present must Institute summary
proceeding for the declaration of
presumptive death. There is nothing in the
facts that suggests that Elly instituted the
summary proceeding for declaration of
presumptive death of his previous spouse of his
previous spouse and these cannot be
presumed.
It can actually be void under the circumstances.
Article 35 paragraph four in relation to Article four.
Then again, you have to identify all those requisites
conditions set out under the provisions of the law
Just do not struck it down as a no remedy at all
because there is a remedy. we are referring to a
possible void marriage so a void marriage here is
something that is not affected by prescription. So
my remedy po.
Illustration no. 4:
David who married Lena immediately the day after
obtaining a judicial decree annulling his prior
marriage to Lena. a day after.
the marriage is VALID
 as there were no facts showing that David
and Elisa have properties and children
which will render the marriage void under
Article 53 of the family code.
 In addition, David and Lena have no
impediment .
Another answer is this one:
if the spouses HAVE property and children, the
marriage is void.
For a marriage subsequent to a judgment of
annullment of a previous marriage to be valid:
1. the properties of spouses must have been
partitioned and
2. distributed the presumptive legitime of
children if any must have been delivered.
 3. the aforementioned facts must be recorded
in civil registry and registers of property.
Partition your property for the legal heirs. marriage
was entered into the city after the obtaining of a
judicial decree of annullment. And it would have
been impossible for David to comply with the
requirements in such a short time. with that
explanation then this is your possible answer.
Illustration no. 5
marriage of Zoran and Carmina did not secure a
marriage license prior to their wedding. It has
something to do extrinsic validity.
If they live together as husband and wife for 10
years without any legal impediment to marry, it will
fall under the general rule or will it fall under the
exception to the general rule where we could
dispense of the formal requirement of marriage
license.
A suggested answer is this: if Zarin and Carmina
lived together for 10 years prior to their marriage
then the marriage is valid despite the absence of the
marriage license exception to the rule that a
marriage shall be void, if solemnized without
license under Article 35. Number three is that
provided for under Article 34 it is not required or
formal requirement.
Determine whether a particular requisite need to be
formal requisite or not the formal requisite is it
simply a case of determining extrinsic validity of
the marriage? Or would it also now to delve into
the determination of the intrinsic validity of the
marriage.
a marriage is null and void or an absolute nullity,
then parties can remarry without going to court
since after all the marriage does not exist at all
the answer here is no because under Article 40 of
the family code which is a new provision of the
family code as compared with the new Civil Code.
REMARRIAGE: invoke absolute nullity
The absolute nullity of a previous marriage may be
invoked for purposes of remarriage on the basis
solely of final judgment declaring such a
previous marriage void, there is an express
requirement the requirement on this matter the
requirement.
 get final judgment declaring such a previous
marriage void for purposes of the remarriage.
So, here is where the portion of this presentation I
want you to be alert; whether this is simply a case of
formal formal validity or extrinsic validity or would
it no no involve a case also of intrinsic validity, then
what are the conflict rules on annulment and
declaration of nullity of marriage? And the
suggested answer would require you to to analyzing
further, if it's a mere case of formality, if it is a mere
formality, or legal capacity, particularly capacity to
act.
In conflict of laws, the grounds for annulment of
marriage and those for the declaration of nullity
of marriage are the grounds provided for by the
law alleged to have been violated which in general
is lex loci celebrationis or law of the place where
the marriage was celebrated with certain exceptions.
It is a suggested answer.
In conflict of laws, the grounds for annulment of
marriage and those for the declaration of nullity of
marriage we're still focusing on grounds should be
the grounds provided for by the law alleged to have
been violated, in general is the lex loci
celebrationis.
So it's telling us that if we are refer to mix
marriage or marriages of foreigners in the
Philippines or even outside of the Philippines, USE
LEX LOCI CELEBRATIONIS IF ITS
REFERRING TO GROUNDS.
RATIONALE:
considering that it is a lex loci celebrationis that is
 usually applied to determine whether a
marriage is valid or not.
 It is the same law that also determines
whether a marriage is voidable or not.
 And whether it's void or not but it is really
lex loci celebration that we refer to for
purposes of determining the grounds
whether it would now make the marriage
valid voidable or or null and void.
STERILITY - rules that we have in England and so
following our previous slides in session, one
contention says this. So if Filipinas get married
abroad, the LEX LOCI CELEBRATIONIS will
determine the ground for annulment and not
article 26 of the family code,
for example, 2 Filipinos get married in England and
let us assume that the sterility is the ground for
annulment of marriage in England. The Marriage of
the two Filipinos will be unavailable on the ground
of sterility, even if the sterility is not a ground for
annulment under the family code. This is because
English law is a lex loci celebrationis. Do you
agree?
in a 2009 bar, this was asked, emanuela and
Marguerite married in the African state of Kenya
with STERILITY as a ground for annullment of
marriage, then assume that you Manuel and
Margarita are both Filipinos. And after their
wedding in Tanzania, they come back, and set up
residence in the Philippines. they are residents of
the Philippines and what citizens of the Philippines
only that their marriage took place outside of the
Philippines.
Following lex loci celebrationis, sterility is a ground
for the nullity of that particular marriage.
Margarita filed an annullment case against
Emannuel, before a Philippine court on the ground
of her husband's sterility at the time of the
celebration of their marriage.
Question is, can their marriage be a annulled on the
ground of Emmanule's sterility.
Suggested Answer:
No, the marriage cannot be annulled in the
Philippines.
The Philippine court shall have jurisdiction over
the action to annul the marriage:
 not only because the parties are residents of
the Philippines,
 but because they are Philippine citizens on
each of these jurisdictions very clear.
Could it be a ground what law to apply if we are to
take a look at, should we grant the petition?
The Philippine court however, shall apply the
law of the place where the marriage was
celebrated in determining its formal validity. Yes,
we use lex loci celebrationis to determine formal
validity.
Since the marriage was celebrated in Kenya, in
accordance with Kenyan law, the formal validity of
such marriage is a governed by Kenyan law in any
issue as to the formal validity of the marriage shall
be determined by applying Kenyan law and not
Philippine Law. However, while Kenyan law
governs the formal validity of the marriage, the
legal capacity of the Filipino or at least a Filipino
spouse to the marriage is governed not by the
Kenyan law but the Philippine law.
Some of the essential requisites, intrinsic validity is
legal capacity. And of course, when we talk about
legal capacity: juridical capacity and capacity to act.
kaya natin tinitignan ung grounds for an annulment,
grounds for nullity , because it will actually tell us
whether at the time of the marriage, they were
capacitated to get married. So, to my mind, this
suggested answer which is almost similar to the
previous slide will give us a proper perspective as to
how to answer your question raised to the slides.
sterility of a party as a ground for the
annullment of marriage is not a matter of form,
but the matter of LEGAL CAPACITY.
Sterility does not constitute the absence or defect
in the legal capacity of the parties under Philippine
court, there is no grounds to avoid or annull the
marriage.
but then again tama nga namn ung general rule natin
that for conflict rules, okay. Iapply lex loci
celebrationis - formal validity; examples of the
application or exploitation or pressure or authority
of solemnizing officer, the requirement to the
marriage license, your marriage ceremony and other
requirements under this particular article of the
family code
but then general rule on the application of lex loci
celebrationis also calls for exceptions. So as for
the declaration of nullity of marriage between two
Filipinos abroad. The grounds are the exceptions
to the lex loci celebrationis in Article 26 of the
family code, namely: grounds during module four,
Art 35, which paragraph four, we have an article 36.
It is the law itself that expressly provides.
it is not enough that it is extrinsically valid if it is
not contrary to public policy or law.
So, when we talk about those exceptions to the
general rule on the application of lex loci
celebrationis on conflict rules and, dissolution of
marriage, it will not however, apply to consular
marriages, because in that case, personal law would
find application. Your personal law would actually
refer to his national law or it could actually refer
also to the law of the domicile of the parties as the
case may be.
JURISDICTION
on jurisdiction, what courts have jurisdiction over
cases for annullment, or cases for the declaration of
nullity of marriage, the jurisdiction to annull in
practically all civil countries like the Philippines
following the nationality principle, nationals of the
forum or Filipinos of the Philippine courts are
permitted to for annulment irrespective of their
domiciles.
Since the Philippines follow the nationality theory,
our courts have jurisdiction to take cognizance of
annullment and nullity suits in marriage in cases
where the litigants are Filipino.
So other side of the picture in many countries, okay,
today, however, jurisdiction is vested in the court
of the DOMICILE of the parties,
Jurisdiction over the NON-RESIDENT
DEFENDANT is not essential.
 It is the status of the plaintiffs that is in issue.
 It should be domiciled in the forum, if
following rules states that follow the law of
the domicile, domiciliaries of the Philippines
can also file such suits in the Philippines.
 Tayo inaallow din natin n domiciliary of the
Philippines can also file such suits in the
Philippines, we have illustrations of that.
In other countries, it's usually the courts of the
party's domicile, who have jurisdiction over such
cases.
REASONS:
a. since that is the place which has the greatest
interest in the domestic relations of the
spouses.
b. it should be a law of the domicile is a
practical one in order not to compel the
parties who are domiciled in one country to
travel to their country of nationality, just to
file such case.
The general rule that any question that falls on the
general rule should not leave you any room for
doubt, as to how to answer it. So I want you to take
a look at our Rules of Civil Procedure, civil
procedure in the matter of marriage in the
dissolution of marriage, the new rule on the
declaration of nullity and of annulment of marriage.
in the Philippines or Filipino citizen or dismissal
theory, can file a case of annullment or declaration
of nullity of marriage, even if the defendant is not a
resident or if the defendant, even if it's a non
resident of our country, suc cases involve the
personal status on the defendant and so on
jurisdiction can be acquired over the defendant by
publication, summons.
Important: lack of jurisdiction over the defendant
will be rectified through PUBLICATION in
accordance with our rules and civil procedure. and
also on the new rule of declaration of nullity and of
the annulment of marriage.
dissolution of marriage is very clear, divorce is not
a mode of terminating a marriage between Filipino
Citizens.
So a follow up question when is a divorce obtained
abroad valid in the Philippines, we have both
Filipinos obtaining a divorce decree outside of the
Philippines.
How are foreign decrees of divorce recognizing
in the Philippines?
So under the Philippine law, divorce is not a mode
of terminating a marriage between Filipino
citizens.
Determine who are parties to the marriage. So this
is a rule that admits of no exceptions, and applies to
all Filipino citizens, irrespective of the place where
the marriage was celebrated. And where the
contracting parties were residing at the time of the
decree of divorce was obtained
if there are no subsequent events, then, of course,
there's no room for exception. But there is one case,
depict the scenario where both Filipino citizen but
Subsequently my nangyari s Filipino before he
obtained the divorce decree, then that case, he will
now also give benefits to the to the spouse who did
not give the cause for the ground. Okay.
Moving on. guidance, on this rule is the civil code
that together and let me start because it's been good.
Yes. Because the national law shall be binding upon
citizens of the Philippines even though living
abroad.
so that's the foreign decree of absolute divorce
purporting to terminate the marriage is void under
Filipino law and will not be any legal effect in this
country.
Relative Divorce - Are those cases of divorce that
may find even legal recognition also in Philippines
when is a divorce obtained abroad valid in the
Philippines?
in the case of mixed marriages where only one of
the contracting parties is a Filipino citizen, a divorce
obtained by the foreign national outside of the
Philippines shall be recognized in this country
provided that it's valid in the first requirement and
that the divorce decree capacitates the second
requirement, the foreign national to remarry. As
such the Filipino is also capacitated to remarry. So
this is a consequence of that second effect of that
divorce decree that capacitated the foreign national
to remarry.
Romeo and Juliet both Filipinos they got married
after a few years; Julient went to the US for
naturalization? Juliet promised that she will be be
back from the moment she become an American. So
after some time Romeo learned from a friend that
Juliet already became a US citizen and even
divorced him in the US to marry a wealthy
American businessman. Romeo filed a petition
before the RTC pray that an order be issued
authorizing him to remarry pursuant to Art 26 of the
family code.
If at the time of Juliet's acquisition of US
citizenship is at the time when she obtain the
divorce decree timeline, then the divorce decree can
be given effect in the Philippines.
she first became a US citizen before she obtained
the divorce decree.
consequently, Romeo will be capacitated to remarry
under Phil law.
on the other hand if Juliet obtained the divorce
decree before she acquired US citizenship, then the
foreign divorce decree cannot be recognized by
Philippine courts.
The reckoning point is NOT their citizenship at
the time the celebration of the marriage but their
citizenship at the time the divorce decree is
obtained abroad by the alien spouse capacitating
him or her to remarry. It's one of the suggested
answers
a divorce obtained abroad by an alien may be
recognized in our jurisdiction provided such decree
is valid. According to the National Law of the
foreigner, wherever the divorce decree and the
governing personal laws of the alien spouse who
obtained the divorce must be proven. But it didn't
give us a definitive answer.
The the divorce decree and the governing
personal law of the ALIEN SPOUSE who
obtained the divorce must be proven. Our courts
do not take judicial notice of foreign laws and
judgments hence like any other evidentiary facts,
both the divorce decree and the national law of the
alien must be alleged and proven according to our
law on evidence. They do recognize why one is an
alternative answer and the other one is a suggested
answer.
The family code does not allow absolute divorce
except that which validly obtained abroad by a
foreigner from his or her Philippine spouse
capacitating him or her to remarry in which case the
Filipino spouse can also remarry (Article 26 - right
to remarry after a divorce).
So in those cases involving citizens of the
Philippines as foreign spouses obtained a divorce
abroad are capacitated now to remarry under the
laws.
It will also capacitate the Filipino spouse to
remarry.
It is important however the:
 divorce be judicially recognized first by the
Philippine courts before the Philippine
National can rely on the effects of the divorce.
 The Filipino cannot remarry until and unless
the divorce is properly recognized and
annotated in the local civil registry.
 this provision (art 26)avoids the absurd
situation of a Filipino, who is still considered
to be married to his or her alien spouse.
Although the latter alien spouse is no longer
married to the former and they already have
another spouse. The above provision article 26
does not apply to a divorce of a Filipino
abroad from his or her Filipino spouse, which
 divorces is void because our law does not
allow divorce and Filipinos are governed by
Filipino wherever they go as to their status and
capacity.
Still considered to be married to his or her alien
spouse, although the latter alien spouse is no longer
married to the former and already have another
spouse, the above provision article 26 does not
apply to a divorce obtained by a Filipino abroad,
from his or her Filipino spouse, which divorces
void, because our laws allow divorce and Filipinos
are governed by Filipino wherever they go as to
their status and capacity of obtaining the divorce
decree.
Article 26. Likewise does not apply to a divorce or
where a married Filipino who went to another
country became naturalized therein and later
thereon divorce his Filipino spouse after his
naturalization as it might open the door to rich
Filipinos to obtain naturalization in other
countries, which allow divorce, only to be able to
divorce their Filipino spouses; sinadya; a public
policy pwede pumasok dyan.
as lawyers of the parties. Look for your
jurisprudence to support your proposition. article 26
likewise, apply to a divorce obtained by married
Filipino who went to another country became
naturalized there in , hindi n xa Filipino and later
divorce his Filipino spouse after his naturalization.
time between obtaining change of citizenship up
to the time when he obtained the divorce decree.
those are things that may indicate what the mindset,
intention, your motive, as it might open in this case
the door to rich Filipinas have been lateralization in
other countries we cannot divorce, only to be able to
divorce, it is only for purposes of divorce in the
Philippines,
the spouse who accuses the other of adultery, must
be the offended spouse. here, the alien had no legal
standing to accuse his former Filipino wife of
adultery because the marital Bond had already been
severed when he filed the adultery case and could
no longer be an offended spouse. Pilapil and
Somera case.
So, the best explanation I think of this ruling of the
court is explained on page 283 of your textbook,
when he wrote under the topic limited recognition
of divorce. That was an open parenthesis not closed
open parenthesis, oftentimes, the foreign nationals,
or foreign nationals will invoke our respective laws
on divorce to enforce or maintain a right against
divorced spouses, however, they cannot be allowed
to invoke the provisions of our law so and to do so
will work very hard to the interest of the Filipinos,
but still labor under the policy of non recognition of
foreign divorce, hence to remove the unfairness of
the public policy on the marriage, on marriage and
divorce, our courts are more than willing to give
effect to the divorce decree issued by a foreign
court.
An attempt to compare the two cases were actually
explained in the textbook. So let's just point out
some similarities.
Van dorn cases.
So it is important to remember that the two
foregoing cases of Pilapil vs SOmera and Vandorn
vs Romillo. If similar cases arise in the future under
the second paragraph of Article 26 of the family
code which recognizes a divorce validly obtained
by an alien spouse of a Filipino citizen abroad
and allows the Filipina to marry again.
If both sponsors are aliens, recognized a decree of
divorce obtained abroad if valid under national law
So Case in point is Recto vs Harden where the
Supreme Court in the 1956 decision said that in as
much as Mr and Mrs harden are admittedly citizens
of the US, their status and dissolution thereof are
governed by the laws of the US, which sanction
divorce.
So we also take a look at other basis no legal
basis. The Hague Convention on the
recognition of divorce and legal separation
concluded in June 1,1970 states that a foreign
divorce will be recognized in the contracting
states.
 If at the date of the filing of the
proceedings, respondent had his or her
habitual residence in the state where
divorce was obtained.
If both spouses were nationals of said state or
although the petitioner was a national of another
country he or she had his or her residency in the
place, where the divorce was obtained.
So before we leave the answer to this particular
slide I wanted to take a second look at page 296 of
Pebenito's book on the procedure for the recognition
of foreign divorce and correction of entry. Take a
look at how the Supreme Court simplified the rules.
So, the rules now. I'm referring to rule 108
proceedings. Rule 108 proceedings.
also already discussed by your classmate last time I
want you all to go back and read up on the case of
Fujiki versus Marina, which was also seen in the
book of Benito.
under Article 22 in the family code when a foreign
spouse divorces his or her Filipino spouse. The
latter referring to the Filipino may remarry by
proving only that the foreign spouse has obtained
a divorce, against her or him abroad. Is that the
only thing that's required under Article 26 are false,
false: guideline: Garcia 2001 case. Supreme Court
held it for a Filipina spouse to have capacity to
contract subsequent marriage must also be
proven that foreign divorce obtained by the
foreigner spouse give such foreigner spouse
capacity to remarry.
The second paragraph of Article 26 clearly provides
that the decree of divorce obatined abroad by the
foreigner spouse is sufficient to capacitate the
FIlipino spouse to remarry. But, in my mind, you
should be able to determine what is an alternative
answer from the suggested answer.
marriage between two Filipino cannot be dissolved,
even by a divorce decree obtainable because of
articles 15.
Manalo case
Recall: Article 26 paragraph 2 of the family code.
Can the Filipino spouse initiate the divorce instead
of the foreign spouse? was the divorce obtained by
manalo valid here in the Philippines. Read the
digest
Republic vs Orbecido
In 2005, we have Cipriano, the husband, and the
wife they got married in between them. They had
two children. Later, the wife and the Son left for the
US and thereafter the wife became a naturalized
American citizen and later on married an American
citizen. After obtaining a divorce decree.
Post-subsequent event after obtaining the divorce
decree. Cipriano after learning such facts, He went
now to the court and sought authority to remarry,
invoking paragraph two of Article 26 of the family
code. And this petition was granted. Wherever
Solicitor General appealed contending that said
provision only applies to a valid marriage. That is a
marriage between a Filipino citizen and an alien.
Can Cipriano, the Filipino spouse, remarry under
Article 26 of the family code. Supreme Court held
that it was unanimous in holdings at paragraph two
of Article 26 of the family code would be
interpreted to allow a Filipino citizen who has been
divorced, by a spouse who had acquired foreign
citizenship and remarried. Also to remarry. to allow
the Filipino to do now also remarry.
The reckoning point is that the citizenship of the
parties at the time the celebration of the marriage,
but the citizenship at the time a valid divorce is
obtained by the alien spouse capacitating, the alien
spouse to remarry. The second paragraph of Article
26 must be interpreted to include cases involving
parties who at the time of the celebration of the
marriage for Philippine citizens, but one of them
later on, becomes naturalized as a foreign citizen
and obtains a divorce decree. If Filipino spouse,
should likewise be allowed to remarry as if the other
party or a foreigner at the time of the solemnization
of the marriage.
To rule otherwise would be to sanction absurdity
and injustice. So take a look at the most current
interpretation. And even if the passive
interpretation, if you can actually help the case of
your client.
At times, you can look at other surrounding
circumstances. The interpretation of the court may
actually change, as was done in this case, and of
course, the case of Manalo will also be illustrative
of interpretation.
Did they just have this case is already shared in the
classroom for your appreciation.
who can invoke the benefit of said provision; who
can go to court and file for its recognition. The case
is an expansion of the doctrine or the ruling
established in Republic vs Orbecido because in the
latter the spouse who wen to court is the Filipino
spouse, in this case it is the foreigner ex spouse.
take a look at the rule. So this must be an activity.
case
A woman, the wife fell in love with another person
Joseph Ducey went to a small country in Europe,
became a naturalized citizen of that country. And
then divorce, and then married a year thereafter.
Wilma returned and establish a permanent residence
in the Philippines.
So a year thereafter she went back to the Philippines
and sought permanent residence in the Philippines.
Question asked: is the divorce obtainedn recognized
in the Philippines?
If you were ask this at the top of your head, what
will be your answer? as to Wilma, the divorce have
been by her is recognized as valid in the
Philippines, because she is now a foreigner
Philippine personal law do not apply to a foreigner.
Recognition of the divorce as regards Harry will
depend on the applicability to his case, or the
second paragraph of Article 26 under family code.
If it is applicable divorce is recognized as to him
and therefore he can remarry. However, if it is not
applicable, divorce is not recognized as to him and
consequently, he cannot remarry. so that will now
capacitate what Harry to remarry also in the
Philippines,
Yes, the divorce obtained by Romeo is recognized
as valid in the Philippines. at the time she got a
divorce, she was already a foreign national having
been naturalized as a citizen of the European
country, and based on precedence established by the
Supreme Court.
so we can also refer to the case of Bayor versus ca
of 2008 - divorce obtained by foreigner is
recognized in the Philippines if validly obtained in
accordance with his or international law
Prove the national law of the person who
obtained the divorce.
Follow up question to this case, let us take a look at
it. If Harry hires you as his lawyer so harry is the
Filipino spouse, what legal recourse would you
advise him to take?
I will advise Harry to:
1. dissolve and liquidate his property
relationship with Wilma.
2. if he will remarry file a petition for the
recognition enforcement of the foreign
judgment of divorce.
Another follow up question, Harry tells you that he
has fallen in love with another woman, Elizabeth
and wants to marry her because after all, Wilma is
already married to another. Can Harry legally
remarry Elizabeth? Yes, he can readily Mary
Elizabeth. Republic vs Orbecido.
So, the Supreme Court ruled that a Filipina spouse
is given the capacity to remarry even though the
spouse who obtained the divorce was a Filipino at
the end of the marriage , if the latter was already a
foreigner when the divorce was obtained abroad
according to the court to rule otherwise would
violate the Equal Protection Clause of the
Constitution.
Recap: divorce in the Philippines. The Philippine
law does not provide for absolute divorce, hence our
courts cannot grant it, consistent with article 15 and
17 of the Civil Code the marital bond between the
Philippines cannot be resolved, even by an absolute
divorce obtained abroad.
An absolute 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.
In mixed marriages involving a Filipina and a
foreigner, the Filipino is allowed to contract a
subsequent marriage, in case the absolute divorce is
validly obtained abroad by the aliens spouse,
capacitating him or her to remarry (article 26
second paragraph)
LEGAL SEPARATION
legal separation also known as relative divorce.
So what is the legal separation and how does it
differ from divorce.
Legal separation or relative divorce
- only separation from bed and board.
- the parties remain married.
Make a distinction in legal separation, the marriage
is not defective, in annullment, the marriage is
defective, no defect.
Legal Annulment
Separation
nature Marriage is not marriage is
defective defective
When after the must exist at the
grounds marriage time of or before
arise the celebration
 case of aliens is not assumed by the forum, unless
of the marriage
the national law of the parties is willing to recognize
Capacity to the parties are marriage is set its jurisdiction. Hindi mandatory obligatory sa law
remarry still married to aside and the of the forum, which is different from the nationality
each other and parties can now of the parties.
cannot remarry remarry
In the Philippines, foreigners may ask for a legal
GROUNDS grounds are very existence separation here even if they did not get married in
those given by of that status so this country.
the national law that as a general
what is important is that the court has jurisdiction
or the rule, the
over both parties.
domiciliary law grounds for
of the parties annulment are Most of countries assume jurisdiction over cases for
concerned in as those given by legal separation on the basis of the domicile of one
much as the (formal validity, of the parties or the matrimonial side.
question is of given by lex loci The rationale for this rule is that the law of the
status celebrationis), domicile of the parties is that with which they are
subject to most intimately connected with.
further analysis,
and also subject Is it necessary that the cause for legal separation
to certain takes place in this country for courts of
exceptions. jurisdiction over your case?
no, there is no such requirement under the family
code. Again, what is important is that the court has
another distinction in legal separation the grounds jurisdiction over the parties and that the procedural
arise, after the marriage. In annulment, the grounds requirements or the rules of court are complied
must exist at the time of or before the celebration of with. it is important to emphasize here that article
the marriage. In Legal Separation, the parties are 99 of the new Civil Code requiring that the
still married to each other and cannot remarry. In petitioner must have resided in the Philippines, if
annulment, the marriage is set aside and the parties the cost for legal separation arose in a foreign
can now remarry. Legal Separation, the grounds are country that particular provision under the NCC
those given by the national law or the domiciliary repealed by the family code and it's no longer
law of the parties concerned in as much as the applicable. What are the grounds for legal
question is of status, annulment on the other hand, separation under the internal laws of the
questions the very existence of that status so that as Philippines. So I will not do the listing here
a general rule, the grounds for annulment are those anymore I will just ask you to get the link to that
given by (formal validity, given by lex loci legal guide
celebrationis), subject to further analysis, and also
subject to certain exceptions. What are the defenses of legal separation under
Philippine Penal Law also found in the material. So
Conflict rules on legal separation - if the parties take a look at grounds set out here.
are of the same nationality, the grounds for legal
separation are those given by the personal law. Prescriptive Period for the filing of the action:
within five years from the time of occurrence of the
Pwedeng national Law or domiciliary law as the
cause
case maybe. If the parties are of different
nationalities, the grounds available under the Q: Can the wife drop the name of the husband,
personal law of the husband as well as those after the decree of legal separation, is this one of
available of the wife are all available grounds for the allowed legal effects?
granting legal separation, according to The Hague A: They're still considered to be married to each
Convention on legal separation. other. No, because they're still married, though
What courts may grant legal separation? in what whether she is guilty party or not.
country should the case be filed, jurisdiction in the
So, in the case of Laperal versus Republic, the wife
who has been granted legal separation cannot
petition to be allowed to revert to her maiden name
to avoid confusion or sowing confusion.
I just don't know personal, it's a personal opinion,
and they were already separated by bed and board.
People know them to be like that. And then
remaining to use the family name of the spouse.
would that not cause confusion or absurdity?
Q: If one of the parties in the legal separation
case dies during the pendency of the case, should
the case be dismissed, or does it survive?
A: the case should be dismissed because it is a
personal one, it is true even if the properties are
involved or without a decree of legal separation,
there can be no effect. Thus, defendant spouse
inherit from the guilty spouse.
Q: What about the guilty spouse, does he or she
inherit from the innocent spouse?
A: of course the offended party can inherit from the
guilty spouse, because the parties are still married to
each other. As for the guilty spouse he or she is
disqualified from inheriting from the innocent
spouse by intestate succession, and provisions in the
will of the latter favorable to him or her are revoked
by operation of law. however, to disqualify the
spouse from inheriting from the innocent spouse by
intestate succssion, the latter, the innocent spouse
must go to court file a case of legal separation
against the former.
So these are provided for under Article 1002 of
NCC, stating that in case of legal separation and the
surviving spouse gave cause for the separation, he
or she shall not have any of the rights granted in the
preceding articles, which will be referring or
meaning the right to meaning those rights that are
granted in that are granted. So it would refer to the
right to inherit by intestate succession - necessity of
decree of legal separation.