ABC Law Office

Cebu City

26 September 2016

Mrs. Maria Rosas-Doe

Fishers Island
New York

Re: Possible divorce proceedings between Filipina and American husband

Dear Mrs. Doe,

This is the legal opinion pertaining to the implication of you or your husband
obtaining a possible divorce in the United States which you have requested.

The following are the facts presented as per our discussion. You and your
husband Mr. John Doe were married in the United States and have lived
together for ten (10) years. Your relationship has deteriorated and now, you
are considering on a possible divorce in the United States.

As far as Philippine law is concerned, as a general rule, absolute divorce

obtained by a Filipino spouse abroad is not recognized as valid here because
we adhere to the nationality theory under Article 15 of the Civil Code. 1 When
it pertains to family rights and duties, status, conditions and legal capacity,
as a Filipino, you are governed by your national laws wherever you may go.
This is true even if your spouse, Mr. Doe, is not a Filipino.

If the divorce was obtained by your American husband, capacitating him to

remarry, the same may be recognized as valid in the Philippines as well,
capacitating you to remarry. It is provided in par 2, Art. 26 of the Family
Code:
Where a marriage between a Filipino citizen and a foreigner is validly
celebrated and a divorce is thereafter validly obtained abroad by the
alien spouse capacitating him or her to remarry, the Filipino spouse
shall have capacity to remarry under Philippine law. (As amended by
Executive Order 227)

However, for the foregoing rule to apply, it is important that it is your

husband who has filed the divorce and that after it is granted, he must be
capacitated to remarry again according to his national law. After it is granted,
you may have the divorce recognized by filing a petition of recognition of
1 Monteclar, Dean Alex. Compendium On The Law On Persons And Family Relations. Manila:
Rex Bookstore.
foreign divorce with the proper court in the Philippines. After the court grants
the petition and your certificate of marriage is cancelled, you may then
remarry.

We recommend that you discuss first with your husband the filing of the
divorce proceedings at his instance. If your husband consents and obtains
the divorce, you may then file a petition for recognition of foreign divorce in
the Philippines.

Sincerely,
Nissah Grace Cape