From inside the very governing, the fresh new Courtroom laid off elements towards the application of Blog post 26(2), thus:

Citing the fresh new nationality concept, the fresh Judge troubled one « a different divorce or separation decree deal as frequently validity

For the Orbecido, a Filipino resident wanted permission in order to remarry before the process of law, stating that his previous Filipina spouse had acquired a splitting up erican judge immediately following she has been around since good naturalized Western resident. This new Legal stored your outcomes of the newest split up decree is always to feel recognized on the Philippines because was acquired by the former partner while the an american citizen in line with their particular federal laws, and that for this reason, the fresh new Filipino partner might be permitted to remarry pursuant so you’re able to Post 26(2).

Because of your own foregoing, we county new dual aspects on the application of Paragraph 2 out-of Article 26 as follows:

The reckoning point isn’t the citizenship of the parties at the committed of your own affair of your own wedding, however their citizenship during the time a legitimate breakup is obtained abroad by the alien mate capacitating the latter so you’re able to remarry.

In this instance, when [the fresh new Filipino wife or husband’s] partner was naturalized once the a western citizen, you will find nonetheless a valid wedding which had been prominent anywhere between [them]. Given that future would have it, this new naturalized alien spouse then gotten a legitimate breakup capacitating their so you’re able to remarry. For this reason x x x the fresh Ogre beautiful women new « divorced » Filipino companion, is allowed to remarry. (Emphasis and you may underscoring provided)

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. against the alien divorcee within this legislation 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.

For this reason, in lieu of providing due to the fact bases towards the blanket recognition away from international separation and divorce decrees in the Philippines, I do believe that the Court’s rulings for the Van Dorn, Orbecido and you can Dacasin just explain the brand new parameters into the applying of the nationality principle found in Blog post fifteen of Civil Password, as well as the exemption thereto included in Article twenty six(2) the household Password. These types of variables can be summarized below:

Obviously, this new dual requisites with the applying of Paragraph dos out of Blog post 26 was each other found in this example

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 of the an effective Filipino citizen cannot be enforced in the Philippines. To allow if not would be to allow a beneficial Filipino citizen in order to invoke foreign law so you’re able to evade a display ban around Philippine law.

It must be emphasized, not, that the prohibition up against sheer divorce or separation only applies to Filipino people. Properly, it can’t feel invoked from the a different federal to help you evade the latest ramifications of a breakup decree given pursuant so you can his federal legislation. In order to repeat, a splitting up decree given because of the a different legal stays binding on new international spouse about Philippines, long lasting team just who gotten an identical provided including decree is true and you will productive underneath the foreign spouse’s federal law.