In the very ruling, the newest Courtroom laid down aspects on applying of Article 26(2), thus:

Pointing out new nationality idea, new Court stressed you to «a foreign divorce proceedings decree deal as much authenticity

From inside the Orbecido, a great Filipino resident sought permission in order to remarry through to the process of law, claiming one his previous Filipina wife got received a divorce erican judge after she has been around since a good naturalized American citizen. The fresh Legal stored your aftereffects of the fresh new divorce case decree is always to feel approved in the Philippines since it is actually gotten by the previous wife while the an american resident according to their federal laws, hence because of this, the Filipino husband is allowed to remarry pursuant so you’re able to Article 26(2).

Because of the foregoing, we state this new dual facets toward applying of Section 2 off Article 26 the following:

The latest reckoning section is not necessarily the citizenship of one’s people during the the time of the affair of the wedding, but their citizenship at that time a legitimate divorce case are gotten overseas of the alien lover capacitating aforementioned to help you remarry.

In this case, when [the brand new Filipino partner’s] wife is naturalized because a western resident, discover nonetheless a legitimate matrimony which had been popular ranging from [them]. Due to the fact future could have they, the fresh new naturalized alien partner then acquired a valid split up capacitating their in order to remarry. Thus x x x new «divorced» Filipino mate, shall be permitted to remarry. (Emphasis and you can 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’ Brezilya seksi kadД±nlar 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 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 helping once the basics towards blanket detection away from overseas divorce case decrees regarding the Philippines, I believe your Court’s rulings during the Van Dorn, Orbecido and Dacasin just clarify the variables to the applying of brand new nationality idea found in Blog post fifteen of your Civil Password, together with exception thereto included in Blog post twenty six(2) the household Code. Such variables may be summarized the following:

Demonstrably, the fresh dual requisites towards the application of Part 2 regarding Post 26 was 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 by the an excellent Filipino resident cannot be enforced in the Philippines. To let if not is to allow a great Filipino resident in order to invoke overseas rules in order to avoid a share ban lower than Philippine rules.

It ought to be emphasized, not, that ban facing natural separation and divorce just pertains to Filipino residents. Appropriately, it cannot be invoked of the a foreign federal to avert the newest results of a separation decree given pursuant to help you their federal legislation. In order to summarize, a divorce decree provided by the a foreign courtroom stays binding on the the fresh new international partner throughout the Philippines, no matter what group exactly who obtained an identical so long as particularly decree is valid and you may productive in international wife or husband’s federal rules.