Mentioning this new nationality concept, the fresh new Judge stressed one « a different separation decree offers as much validity

During the Orbecido, a good Filipino citizen desired permission so you can remarry up until the courts, stating you to definitely his former Filipina wife had gotten a breakup erican court immediately after she has been around since a naturalized American resident. kissbrides.com More Info The brand new Courtroom kept that effects of new breakup decree is always to end up being recognized regarding the Philippines whilst is acquired of the former partner as an american citizen relative to their federal legislation, and this because of this, the brand new Filipino husband are going to be permitted to remarry pursuant to Blog post 26(2).

In view of foregoing, we county the twin factors for the applying of Paragraph 2 out-of Blog post twenty six as follows:

This new reckoning part is not the citizenship of the activities during the enough time of one’s celebration of your relationships, but their citizenship during the time a legitimate divorce was received abroad by alien companion capacitating the latter in order to remarry.

In this case, when [the fresh Filipino partner’s] wife try naturalized since the a western citizen, you will find nonetheless a legitimate wedding which had been distinguished anywhere between [them]. Since the destiny will have they, the new naturalized alien wife next gotten a valid divorce proceedings capacitating her so you can remarry. Hence x x x new « divorced » Filipino partner, shall be permitted to remarry. (Importance and you will underscoring offered)

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 within this 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.

Ergo, in lieu of offering due to the fact angles towards blanket detection out of foreign breakup decrees on Philippines, In my opinion the Court’s rulings into the Van Dorn, Orbecido and you may Dacasin only explain the fresh parameters towards application of this new nationality principle used in Blog post 15 of your Civil Code, plus the exemption thereto included in Post 26(2) your family Code. These parameters may be described as follows:

Clearly, the fresh new dual requisites into the applying of Part 2 away from Post twenty six try each other found in this case

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 good Filipino citizen cannot be enforced in the Philippines. To allow if not is always to enable a Filipino resident in order to invoke overseas laws so you’re able to avoid an express prohibition less than Philippine laws.

It ought to be emphasized, not, that the prohibition against sheer divorce proceedings merely relates to Filipino people. Consequently, it cannot feel invoked because of the a foreign national so you can avoid the newest results of a breakup decree given pursuant so you’re able to his federal rules. So you can summarize, a divorce decree awarded by a foreign courtroom remains binding into the the new foreign mate in the Philippines, long lasting group who received a comparable so long as such as decree is true and you may effective in international wife or husband’s national law.