Mentioning the fresh new nationality concept, brand new Judge stressed you to definitely “a foreign divorce decree deal as often validity

In the Orbecido, an effective Filipino resident desired permission so you can remarry up until the process of law, stating one to their previous Filipina partner had obtained a divorce case erican legal after she has been around since a good naturalized Western citizen. The fresh new Judge stored that the ramifications of the newest separation decree is become accepted regarding Philippines as it was received because of the former partner since an american citizen prior to her federal rules, and this for this reason, this new Filipino partner shall be permitted to remarry pursuant so you’re able to Post 26(2).

Because of your own foregoing, i state this new dual issues into application of Section dos out-of Post twenty six the following:

The newest reckoning area is not necessarily the citizenship of your own activities in the the time of your event of your relationships, however their citizenship at the time a legitimate split up try acquired abroad from the alien companion capacitating the latter in order to remarry.

In this instance, whenever [this new Filipino spouse’s] spouse was naturalized once the an american citizen, there is certainly however a valid wedding that was prominent anywhere between [them]. Once the future could have they, the latest naturalized alien wife next obtained a valid split up capacitating their so you’re able to remarry. Therefore x x x new “divorced” Filipino mate, would be allowed to remarry. (Focus 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. against the alien divorcee contained in this jurisdiction lovefort account delete 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.

Therefore, as opposed to providing due to the fact angles to your blanket identification out of overseas divorce case decrees regarding Philippines, I think that Court’s rulings from inside the Van Dorn, Orbecido and you will Dacasin just explain new variables towards the applying of the nationality idea utilized in Blog post fifteen of the Municipal Code, and also the exemption thereto used in Post 26(2) the household Code. These types of variables could be described below:

Obviously, the newest twin requisites on applying of Paragraph 2 regarding Article twenty-six try one another found in this situation

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 a good Filipino resident cannot be enforced in the Philippines. To allow if not is to try to allow a great Filipino resident to invoke international law so you can avert an express prohibition significantly less than Philippine rules.

It must be highlighted, not, that ban facing pure divorce proceedings merely applies to Filipino citizens. Accordingly, it cannot become invoked because of the a foreign federal to help you avoid the fresh new results of a splitting up decree given pursuant so you’re able to their federal legislation. To help you summarize, a breakup decree issued by the a foreign legal remains joining to your new international partner throughout the Philippines, long lasting party just who received the same provided that eg decree is valid and you may productive beneath the international partner’s federal laws.