1

EFFECT OF MARRIAGE CELEBRATED ABROAD AND FOREIGN DIVORCE with Application of Art 15, 16 and 17

Rules governing the validity of marriage (2002, 2004, 2006, 2009, 2010 Bar)

2. As to its intrinsic validity –

1. As to its extrinsic validity – Lex loci
Personal law
celebrationis NOTE: Personal law may either be the
NOTE: Locus regit actum (the act is national law or the law of the place
governed by the law of the place where where the person is domiciled.
it is done) - is adhered to here in the If the person involved is a stateless
Philippines as regards the extrinsic person, domiciliary rule applies,
validity of marriage. otherwise, lex nationalii applies.

The 1st paragraph of Article 26 of the Family Code

(FC)on the validity of foreign marriages applies,
however, only to Filipinos. Foreign marriages of
foreigners or of a Filipino and a foreigner are
governed by the Rules on Conflict of Laws
(Sempio-Diy, 1995).

A. Filipino x Filipino = National Law valid if

valid abroad
B. Foreigner x Filipino = Conflict of Laws
C. Foreigner x Foreigner = Conflict of Laws

Marriages between Filipinos solemnized abroad in accordance with the law in force in said country
(Filipino x Filipino)

(Art 26, FC) GR: if valid there, shall be valid here as such.
XPNs: It shall be void, even if it is valid in the foreign country where the marriage was celebrated, if any
of the following circumstances are present:
1. Lack of legal capacity even with parental consent (e.g. party is below 18);
2. Incestuous;
3. Contracted through Mistake of one party as to the identity of the other;
4. Contracted following the annulment or declaration of nullity of a previous marriage but Before
partition, etc.;
5. Bigamous or polygamous except as provided in Art. 41 FC on terminable bigamous marriages;
6. Void due to Psychological incapacity;
7. Void for reasons of Public policy.

Requirements to prove a foreign marriage:

1. The existence of the pertinent provision of the foreign marriage law.
2. The celebration or performance of the marriage in accordance of said law.

PREPARED BY JAPOS, MJ, UC LAW REVIEW PURPOSES ONLY

 2

Parties Celebrated in the Celebrated Abroad Obtaining Divorce Decree abroad Question: Can
Philippines Note: If in the Philippines, never allowed both aliens
regardless of the parties’ nationalities. obtain divorce
decree in the
Philippines?
Filipino x Filipino As to intrinsic As to intrinsic GR: a divorce decree obtained abroad by a
Validity: national Validity: national Filipino against another Filipino is null and
void
As to extrinsic As to extrinsic
validity: Philippine validity: Foreign Exceptions: The Filipino becomes
law under Law/ celebrationis naturalized citizen in another country and
celebrationis obtained a divorce decree abroad, and the
NOTE: this is where law of the country where he is naturalized
Art 26, FC applies. allows the same.

The reckoning point is not the citizenship

of the parties at the time of the celebration
of marriage, but their citizenship at the
time valid divorced obtained abroad by the
alien spouse capacitating the latter to
remarry.

Basis: National Law governs for a person’s

status. Read Manalo case as this may
affect.

Also basis: 2005 and 1998 case

- the parties were, as in this case, Filipino
citizens when they got married. The wife
became naturalized American citizen in
1954 and obtained a divorce in the same
year.

SC ruled that a Filipino divorced by his

naturalized foreign spouse is no longer
married under Philippine law and can thus
remarry. To rule otherwise would be to
sanction absurdity and injustice.

Paragraph 2 of Article 26 should be

interpreted to include cases involving
parties who, at the time of the celebration
of the marriage were Filipino citizens, but
later on, one of them becomes naturalized
as foreign citizen and obtains divorce
decree.

Filipino x As to intrinsic As to intrinsic A. Foreigner spouse initiated the Facts in

Foreigner Validity: Validity: divorce decree: Manalo:
Filipino – national Filipino – national - divorce decree obtained by an . That petitioner
Foreigner – his Foreigner – his alien against his/her Filipino is previously
national national spouse is recognized if made in married in the
accordance with the national Philippines to a
As to extrinsic As to extrinsic law of the foreigner. (Art 26, FC) Japanese
validity: validity: Foreign national named
Philippine Law - Law/ celebrationis B. Filipino spouse initiated the YOSHINO
celebrationis divorce decree: MINORO as
- Manalo Case (landmark case of shown by their

PREPARED BY JAPOS, MJ, UC LAW REVIEW PURPOSES ONLY

 3

2018) Marriage
- Can be recognized in the Contract xxx;
Philipines and may allow the 3. That recently,
Filipino spouse to remarry, thus a case for
overturning the well-established divorce was
rule that it must be the foreign filed by herein
spouse who should obtain the [petitioner] in
divorce decree. Japan and after
die
Basis: Paragraph 2 of Article 26 speaks of proceedings, a
"a divorce x x x validly obtained abroad by divorce decree
the alien spouse capacitating him or her to dated
remarry." Based on a clear and plain December 6,
reading of the provision, it only requires 2011 was
that there be a divorce validly obtained rendered by the
abroad. The letter of the law does not Japanese Court
demand that the alien spouse should be x x x;
the one who initiated the proceeding
wherein the divorce decree was granted.
It does not distinguish whether the Filipino
spouse is the petitioner or the respondent
in the foreign divorce proceeding.

To reiterate, the purpose of Paragraph 2 of

Article 26 is to avoid the absurd situation
where the Filipino spouse remains married
to the alien spouse who, after a foreign
divorce decree that is effective in the
country where it was rendered, is no
longer married to the Filipino spouse. It is
therefore immaterial if who initiated the
divorce decree.

Foreigner x As to intrinsic As to intrinsic If validly obtained abroad and considered

Foreigner Validity: Validity: valid according to their personal laws, valid
Foreigner – their –their national here.
national
As to extrinsic Question: Can the foreigner validly
NOTE: before validity: Law of the contract marriage in the Philippines?
getting married in place where it was Yes, all she needs to do is get a certificate
the Philippines, celebrated- Foreign of legal capacity to contract marriage in
foreigners should law/ celebrationis the Philippines. (For US citizens, get it from
check with the the American Diplomatic or Consular
laws of their home NOTE: Officials.)
countries to see if Requirements to
marriage prove a foreign
performed or marriage:
celebrated abroad 1. The existence of
is recognized in the pertinent
their home provision of the
country. foreign marriage
law.
As to extrinsic 2. The celebration
validity: or performance of
Philippine Law – the marriage in
celebrationis accordance of said
law.
Note: Foreigner

PREPARED BY JAPOS, MJ, UC LAW REVIEW PURPOSES ONLY

 4

Certificate of Legal
Capacity to
Contract Marriage,
but failur4 to do
so does not affect
marriage validity.

PREPARED BY JAPOS, MJ, UC LAW REVIEW PURPOSES ONLY


A special contract of permanent union between a man and a woman entered into in accordance with law for the establishment
of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and
incidents are governed by law and not subject to stipulation, EXCEPT that marriage settlement may fix the property relations
during the marriage within the limits provided by the Family Code
VOID
ABSENCE
XPNs: Valid even in the
absence of formal requisite:
a. Marriages exempt from
license requirement
b. Either or both parties
believed in good faith that the
solemnizing officer had the
proper authority [FC, Art. 35
(2)].
c. Irregularity in any of the
formal requisites - Valid, but
the party responsible for such
irregularity shall be civilly,
criminally or administratively
liable (FC, Art. 4).
Red
text
void
PREPARED BY JAPOS, MJ, UC LAW
5
MARRIAGE MIND MAP
Marriage Definition: Art 1, FC
VALID
VOIDABLE
Must comply both: DEFECT- this means marriage still valid
1. Essential Requisites - CL unless declared invalid by court.
2. Formal Requisites - CAL Defect in the formal requisites: still VALID,
but may subject the liable to admin,
Formal Requisites: civil,or criminal sanctions
Essential Requisites:
1.Marriage Ceremony
1.Legal capacity of the
contracting parties who a. Personal Appearance
must be a male and a b. Personal Declaration
female; that they take each other
a. Age – at least 18 years as husband and wife
of age
- additional rqrmnts: c. 2 witnesses of legal
age
i.18-21 (parental
consent +marriage
NOTE: As to marriages
counseling)
between Filipinos - all
ii.22-25 (Parental advice marriages solemnized
+marriage counseling outside the Philippines, in
accordance with the laws
b. Sex – between a male enforced in said country
and a female where they are
solemnized, and valid
c. Lack of legal there as such, shall also
impediment to marry be valid here in the
country, except those
2. Consent freely given in prohibited under Art. 35
the presence of the (1), (2), (4), (5), (6), 36,
solemnizing officer(FC, Art. 37 and 38 (FC,Art. 26).
2). Art 35:
 Below 18 yrs
old, even with
parents’ consent
 solemnized by
any person not
legally
authorized to
perform
REVIEW PURPOSES ONLY
 6
CONTINUATION:

 marriages
unless parties
believing in
good faith that
the solemnizing
officer had the
legal authority to
do so.
 bigamous or
polygamous
marriages,
except
(presumption of
death under Art
41)
 contracted
through mistake
of one
contracting party
as to the identity
of the other
 Those
subsequent
marriages that
are void under
Article 53 (no
void judgment
yet)
 Art 36:
psychologically
incapacitated
 Art 37:
incestuous and
void from the
beginning
 Art 38: void from
the beginning
for reasons of
public policy

2. Authority of the
solemnizing officer

a. Incumbent judiciary
member
b. Priest , rabbi, imam or
minister of any
church/religious sect duly
authorized -
c. Consul general, consul or
vice-consul

d. Mayors

e. Ship captain or airplane

chief

d. Military commander of a
unit who is a commissioned
officer
PREPARED BY JAPOS, MJ, UC LAW REVIEW PURPOSES ONLY
 7

3. Valid marriage
License (not
certificate), except in a
marriage of exceptional
character (FC, Art. 3).

In case a party who is

required by law to obtain
parental advice or
undergo marriage
counselling fails to do so,
the issuance of marriage
license is suspended for
3 months from the
completion of
publication of the
application (FC, Art. 15).

The status of the

marriage if the parties get
married within the said 3-
month period depends:

1. If the parties did not

obtain a marriage license
– the marriage shall be
void for lack of marriage
license.

2. If the parties were able

to obtain a marriage
license – the marriage
shall be valid without
prejudice to the actions
that may be taken
against the guilty party.

Persons authorized to
issue the marriage
license: local civil
registrar of the city or
municipality where either
contracting party
habitually resides (FC,
Art. 9).

Obtaining a marriage
license in a place other
than where either party
habitually resides is a
mere irregularity.

Note of exceptions for

requirement of marriage
license and additional
requirements for foreign
national- (Certificate of
Legal Capacity)

PREPARED BY JAPOS, MJ, UC LAW REVIEW PURPOSES ONLY