1.
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 Filipino citizen cannot be
enforced in the Philippines. To allow otherwise would be to permit a Filipino citizen to invoke foreign law to
evade an express prohibition under Philippine law.
2.
Nevertheless, the effects of a divorce decree obtained by a foreign national may be extended to the
Filipino spouse, provided the latter is able to prove (i) the issuance of the divorce decree, and (ii) the personal law
of the foreign spouse allowing such divorce.[14] This exception, found under Article 26(2) of the Family Code,
respects the binding effect of the divorce decree on the foreign national, and merely recognizes the residual effect
of such decree on the Filipino spouse.
It should be emphasized, however, that the prohibition against absolute divorce only applies to Filipino citizens.
Accordingly, it cannot be invoked by a foreign national to evade the effects of a divorce decree issued pursuant to his
national law. To reiterate, a divorce decree issued by a foreign court remains binding on the foreign spouse in
the Philippines, regardless of the party who obtained the same provided that such decree is valid and
effective under the foreign spouse's national law.
In essence, the applicable rule (whether Article 15 of the Civil Code on one hand, or Article 26[2] of the Family Code
on the other), is determined by (i) the law upon which the divorce decree had been issued; (ii) the party who obtained
the divorce decree; (iii) the nature of the action brought before the Philippine courts; and (iv) the law governing the
personal status of the party seeking relief.
The corresponding effect of these determining factors are, in turn, illustrated by the relevant cases involving the issue
at hand, decided after the issuance of EO 227:
Case
Incidents of Divorce
Incidents of Action in
the Philippines
Court's Resolution
Pilapil v. IbayDivorce obtained in
Somera[15] (Pilapil) Germany by German
spouse
German spouse filed
two (2) complaints
charging Filipino
spouse with adultery
The divorce decree is
binding on the German
spouse pursuant to the
nationality principle.
Accordingly, the
German spouse lacks
standing to file the
complaints as
"offended spouse",
having obtained the
divorce decree prior to
the filing of said
complaints.
Republic v.
Iyoy[16] (Iyoy)
Filipino husband
invokes the divorce
decree secured by his
Filipino wife as
additional ground to
grant his petition for
declaration of nullity
The divorce decree
cannot be recognized
in the Philippines
since the Filipino wife
obtained the same
while still a Filipino
citizen, and was, at
such time, bound by
Philippine laws on
family rights and
duties, pursuant to the
nationality principle.
Divorce obtained in
the United States by
Filipino wife prior to
her naturalization as an
American citizen
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