In therefore governing, the brand new Judge laid off aspects with the application of Blog post twenty six(2), thus:

Pointing out this new nationality idea, the fresh Judge troubled you to "a different divorce or separation decree deal as often legitimacy

In the Orbecido, good Filipino citizen tried permission to remarry through to the process of law, claiming that his former Filipina spouse had obtained a divorce or separation erican court once she had become good naturalized American resident. This new Judge kept that the aftereffects of new separation and divorce decree would be to feel accepted in the Philippines because is received from the former partner since the an american Porto Riko kadД±n citizen relative to their unique federal rules, which because of this, the new Filipino spouse shall be allowed to remarry pursuant to help you Article 26(2).

Because of the foregoing, i county this new dual issues into the application of Section 2 out of Post 26 as follows:

The brand new reckoning point is not necessarily the citizenship of functions within enough time of your celebration of your relationship, however their citizenship at that time a legitimate divorce case was received overseas by alien partner capacitating the second so you're able to remarry.

In this situation, when [brand new Filipino wife or husband's] partner was naturalized as the an american citizen, discover nevertheless a legitimate relationships that has been distinguished anywhere between [them]. Once the future might have it, the newest naturalized alien partner next received a legitimate divorce case capacitating her to help you remarry. Hence x x x the fresh new "divorced" Filipino companion, shall be permitted to remarry. (Stress and you can 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 that the Illinois divorce erican citizen, and that the latter cannot be permitted to evade the terms of the custodial award. resistant to the alien divorcee inside jurisdiction 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.

Therefore, as opposed to providing given that bases towards the blanket detection regarding foreign breakup decrees regarding Philippines, I do believe your Court's rulings into the Van Dorn, Orbecido and you can Dacasin simply explain the fresh new parameters for the applying of the fresh nationality concept included in Blog post 15 of one's Civil Code, and exception thereto utilized in Post 26(2) your family Password. These details are described below:

Demonstrably, the latest twin requisites towards applying of Section 2 of Blog post twenty-six is both within this case

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 a Filipino citizen cannot be enforced in the Philippines. To allow if not should be to allow a great Filipino resident to invoke foreign legislation to avoid an express prohibition under Philippine rules.

It should be highlighted, however, your prohibition up against pure divorce proceedings simply pertains to Filipino customers. Appropriately, it cannot become invoked from the a different national so you're able to evade brand new ramifications of a breakup decree awarded pursuant so you're able to his national law. To reiterate, a separation decree approved from the a different courtroom remains joining on the newest foreign mate on Philippines, long lasting cluster who gotten a similar so long as such as for example decree is valid and you may effective according to the overseas partner's national rules.