Pointing out the brand new nationality principle, the fresh new Court stressed one to “a different separation and divorce decree sells as frequently legitimacy

When you look at the Orbecido, an excellent Filipino citizen found permission so you’re able to remarry through to the process of law, claiming you to definitely their previous Filipina wife had received a divorce or separation erican courtroom shortly after she has been around since a naturalized Western citizen. The newest Court stored that the aftereffects of brand new divorce or separation decree would be to end up being accepted regarding Philippines whilst are obtained by the former partner due to the fact a western resident according to their own federal legislation, and this as a consequence, the Filipino partner are permitted to remarry pursuant to help you Post 26(2).

Because of your own foregoing, i state the newest dual issue to your application of Section dos off Post twenty six below:

New reckoning area is not the citizenship of your parties at the the amount of time of the celebration of matrimony, however their citizenship at the time a valid divorce or separation are received overseas because of the alien partner capacitating aforementioned so you’re able to remarry.

In this case, whenever [the new Filipino partner’s] spouse are naturalized while the a western resident, there’s nonetheless a valid marriage that was well-known between [them]. Because destiny would have it, the newest naturalized alien spouse then obtained a legitimate split up capacitating their own so you’re able to remarry. Hence x x x the new “divorced” Filipino lover, is permitted to remarry. (Focus and you will underscoring supplied)

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 onun aГ§Д±klamasД± 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 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.

For this reason, rather than helping since the bases to the blanket identification out of foreign split up decrees regarding the Philippines, I believe that the Court’s rulings when you look at the Van Dorn, Orbecido and you may Dacasin simply explain new details into applying of the new nationality principle utilized in Article 15 of your own Civil Password, and the difference thereto utilized in Blog post twenty six(2) the household Password. This type of details tends to be summarized below:

Obviously, the fresh dual requisites toward applying of Part 2 away from Post twenty six are each other 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 a good Filipino citizen cannot be enforced in the Philippines. To allow otherwise is to enable good Filipino citizen so you can invoke foreign legislation so you’re able to avert a show ban lower than Philippine laws.

It needs to be showcased, not, that prohibition facing sheer divorce proceedings only relates to Filipino citizens. Correctly, it cannot end up being invoked by the a foreign national so you can avoid the new results of a divorce case decree granted pursuant to help you his national rules. To summarize, a breakup decree issued because of the a foreign legal stays joining on the the new international mate about Philippines, whatever the team exactly who gotten an identical provided such as for example decree is true and you may effective beneath the foreign spouse’s national law.