Mentioning the fresh nationality concept, this new Legal troubled you to “a different split up decree carries as much validity
During the Orbecido, a Filipino citizen sought for permission in order to remarry up until the courts, stating one to his previous Filipina partner had received a split up erican legal shortly after she had become a naturalized American citizen. New Courtroom kept that aftereffects of the brand new splitting up decree will be feel approved about Philippines since it was received by previous spouse once the a western resident in line with their federal rules, and that as a consequence, the latest Filipino partner are allowed to remarry pursuant so you’re able to Blog post 26(2).
In view of one’s foregoing, we county the fresh new twin issue toward application of Paragraph 2 away from Post twenty six as follows:
The reckoning part is not the citizenship of the functions in the committed of your event of your relationship, but their citizenship during the time a legitimate divorce are acquired overseas by the alien partner capacitating the second so you can remarry.
In such a case, when [the newest Filipino spouse’s] partner try naturalized just like the an american resident, discover still a legitimate relationship that was recognized ranging from [them]. Because the future could have it, the newest naturalized alien wife after that acquired a legitimate separation and divorce capacitating their particular to remarry. Ergo x x x the latest “divorced” Filipino lover, should be permitted to remarry. (Importance and underscoring given)
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. from the alien divorcee inside legislation 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.
Hence, rather than providing because the bases on the blanket identification regarding overseas divorce decrees on Philippines, I do believe the Court’s rulings inside Van Dorn, Orbecido and you can Dacasin only describe new variables for the application of the brand new nationality concept found in Article fifteen of your Civil Code, and exclusion thereto found in Article twenty six(2) the household Password. These details is summarized below:
Clearly, this new twin requisites for the applying of Section 2 of Post twenty six are one another within 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 of the good Filipino citizen cannot be posta sipariЕџi nedir enforced in the Philippines. To allow or even would be to permit a beneficial Filipino citizen so you’re able to invoke foreign law so you can avoid an express prohibition less than Philippine law.
It should be emphasized, but not, that prohibition facing absolute splitting up simply relates to Filipino customers. Consequently, it cannot be invoked of the a different national to help you evade the new results of a breakup decree approved pursuant to his federal law. In order to repeat, a separation decree provided by a different judge remains binding for the the fresh international mate in the Philippines, regardless of the party whom obtained an equivalent so long as such as decree is true and you can effective beneath the foreign spouse’s national rules.