Republic Act No. 9710 or the Magna Carta of Women reflects the state policy to "[abolish]. . . the unequal structures
and practices that perpetuate discrimination and inequality" [3] between the sexes, and Section 19 of the law is specific
on the equality of women and men as to rights relating to marriage and family relations:
Section 19. Equal Rights in All Matters Relating to Marriage and Family Relations. - The State shall take all
appropriate measures to eliminate discrimination against women in all matters relating to marriage and family
relations and shall ensure:
(a) the same rights to enter into and leave marriages or common law relationships referred to
under the Family Code without prejudice to personal and religious beliefs;
(b) the same rights to choose freely a spouse and to enter into marriage only with their free and
full consent. The betrothal and the marriage of a child shall have no legal effect;
(c) the joint decision on the number and spacing of their children and to have access to the
information, education and means to enable them to exercise these rights;
(d) the same personal rights between spouses or common law spouses including the right to
choose freely a profession and an occupation;
(e) the same rights for both spouses or common law spouses in respect of the ownership,
acquisition, management, administration, enjoyment, and disposition of property;
(f) the same rights to properties and resources, whether titled or not, and inheritance, whether
formal or customary; and
(g) women shall have equal rights with men to acquire, change, or retain their nationality. The
State shall ensure in particular that neither marriage to an alien nor change of nationality by
the husband during marriage shall automatically change the nationality of the wife, render her
stateless or force upon her the nationality of the husband. Various statutes of other countries
concerning dual citizenship that may be enjoyed equally by women and men shall likewise be
considered.
Customary laws shall be respected: Provided, however, That they do not discriminate against women. (Underscoring
supplied)
Section 19 is straightforward: the State shall ensure that men and women are to have "the same rights to enter into
and leave marriages."
Following section 19 of Republic Act No. 9710, Article 26 of the Family Code should be read to mean that who
initiates the divorce proceedings abroad is immaterial. Once a divorce decree is issued, the foreign spouse is
deemed to have "obtained" a divorce which capacitates him or her to remarry. The same status should therefore be
afforded to the Filipino spouse.
Besides, in many jurisdictions, the foreign spouse is given the option to divorce on the basis of a mutual recognition
that irreconcilable differences have surfaced in the context of their relationship. Some foreign laws, therefore, allow
joint filing for a divorce decree to ensure that there be less incrimination among the spouses, a more civil and
welcoming atmosphere for their children, and less financial burden for the families affected. The interpretation
proposed by the Solicitor General does not accommodate this possibility. It is blind to the actual complexities
experienced by our citizens in mixed marriages.
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