When you look at the therefore ruling, the newest Legal applied off points to your application of Blog post twenty six(2), thus:

Pointing out this new nationality idea, the brand new Judge stressed one to «a foreign split up decree sells as frequently legitimacy

Inside the Orbecido, a beneficial Filipino resident found permission so you can remarry up until the courts, claiming one to their former Filipina partner had received a divorce or separation erican courtroom after she came into existence a beneficial naturalized American citizen. The newest Court stored that the effects of brand new divorce or separation decree will be end up being acknowledged regarding Philippines as it is obtained by former partner because the a western citizen relative to their particular national legislation, and this that is why, the Filipino partner are allowed to remarry pursuant so you can Blog post 26(2).

In view of your own foregoing, we county the brand new dual factors on applying of Paragraph dos out of Blog post 26 below:

New reckoning point is not the citizenship of the activities during the enough time of celebration of one’s matrimony, however their citizenship at that time a valid divorce or separation is obtained overseas of the alien mate capacitating the latter to remarry.

In such a case, when [new Filipino spouse’s] partner are naturalized because an american resident, there can be still a legitimate marriage which had been well known between [them]. While the destiny would have they, new naturalized alien wife next obtained a legitimate divorce case capacitating their so you can remarry. Hence x x x the newest «divorced» Filipino lover, would be permitted to remarry. (Focus 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. up against 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 hot Fuji women looking to marry the Filipino wife.

Thus, unlike serving because angles towards blanket recognition from international divorce proceedings decrees regarding Philippines, I do believe that Court’s rulings inside Van Dorn, Orbecido and you will Dacasin simply describe the fresh variables into the applying of the latest nationality concept found in Article fifteen of one’s Civil Password, therefore the exemption thereto included in Article twenty six(2) the household Password. These types of parameters may be described as follows:

Certainly, the latest dual requisites with the applying of Section dos from Post 26 are each other contained 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 by the a great Filipino citizen cannot be enforced in the Philippines. To allow if you don’t is to allow good Filipino resident so you’re able to invoke overseas law to avoid a share ban not as much as Philippine law.

It needs to be emphasized, although not, that the ban up against sheer breakup only relates to Filipino people. Consequently, it cannot getting invoked by the a foreign national so you can avert the fresh new outcomes of a divorce proceedings decree awarded pursuant so you’re able to their national laws. To help you reiterate, a divorce case decree granted because of the a different judge stays joining on the new international spouse on the Philippines, regardless of the party which obtained a comparable provided eg decree is valid and you can active under the international spouse’s national legislation.