Divorce

● What are the requisites for the application of Art. 26 on foreign divorce?
1. There is a valid marriage that has been celebrated between a Filipino citizen and a
foreigner; and
2. A valid divorce is obtained abroad by the alien spouse, capacitating him or her to
remarry.

● Who can file for divorce?

Any of the parties in the following:
A. Filipino + Alien Spouse
B. Filipino + (Filipino) Naturalized foreign spouse

● Can a Filipino citizen validly obtain a divorce?

Yes. Under Art. 26, par. 2 of the FC, it is inconsequential whether it was a Filipino
citizen who obtains a valid divorce.

● What are the effects of such divorce?

+ divorce dissolves the marriage; ​to change the existing status or domestic relation
of husband and wife, and to free them both from the bond. The marriage tie when
thus severed as to one party, ceases to bind either. (Van Dorn case)
+ The parties shall have the capacity to remarry.
● How can a foreign divorce be proven?
+ The party pleading a foreign divorce decree must prove the divorce as a fact and
demonstrate its conformity to the foreign law allowing it. A divorce obtained
abroad is proven by the divorce decree itself. The decree purports to be a written
act or record of an act of an official body or tribunal of foreign country.
+ Sections 24 and 25 of Rule 132
+ Through Rule 108, ROC proceeding

Van Dorn v. Romillo

● Is divorce recognized in the Philippines?
Yes. Aliens may obtain divorces abroad, which may be recognized in the
Philippines, provided they are valid according to their national law.
● Will the recognition of divorce violate Art. 15 and 17(3) of the Civil Code?
No. The nationality principle of the foreign spouse who obtained the divorce shall
be recognized in the Philippines. When a divorce is validly obtained in the foreign
country, Art. 26, par. 2, FC provides the direct exception to the rule stated under Art. 17
(3).

Republic v. Orbecido III

N.B.: ​The intent of Paragraph 2 of Article 26, is to avoid the absurd situation where the
Filipino spouse remains married to the alien spouse who, after obtaining a divorce, is no longer
married to the Filipino spouse.