Divorce
I always hear people say that they want to get married (and actually getting married) outside the Philippines, on the ground that they could easily get a divorce out there. I find this strange, for two main reasons:
1. When we marry, it is supposed to be forever. There may be other reasons for getting married, but I believe the sole reason should be love; the kind of love that transcends time and any impediments that life throws our way. Now, I’m not saying this simply because Valentines day is just around the corner. No less than the Philippine Constitution (Art. XV, Sec. 2) and the Family Code (Art. 1) expressly characterize marriage as the foundation of the family and an inviolable social institution. The law states that it is a special contract of a permanent union between a man and a woman (same sex marriage is not yet recognized in the Philippines). It is inviolable. It is permanent. In short, you don’t think of divorce when you get married.
2. More importantly, divorce is generally not recognized in the Philippines. If you’re a Filipino, it doesn’t matter where you get your divorce – such divorce is invalid/void under Philippine law. I can almost hear someone saying, “Why ‘generally’?” Let me explain.
Under the nationality principle (Art. 15, Civil Code), all Filipinos – regardless where they may be in the world - are bound by Philippine laws on family rights and duties, status, condition, and legal capacity. Otherwise stated, Philippine law on marriage follows you wherever you may go. You can run, but you can’t hide. Divorce among Filipino spouses – whether secured here or abroad - is NOT allowed.
Let us complicate matters.
What if a Filipino gets married to a foreigner and the foreigner secures a divorce? Is that divorce valid? Would it make a difference if the foreigner-spouse files for divorce here in the Philippines, and not abroad? Would it also make any difference if the Filipino spouse, instead of the foreigner, is the one filing for divorce?
While divorce is not allowed, annulment is recognized in the Philippines. Is this merely a play of words? Is “annulment” simply another term for “divorce”?
What if the woman is a Philippine citizen, will she lose her Philippine citizenship if she marries a foreigner? If she does, will this mean that she can now ask for divorce if allowed in the country of her husband?
What if a Filipino gets married, then becomes a citizen of another country, and seeks a divorce? Is that divorce valid?
What is the effect, if any, of the Citizenship Retention and Re-acquisition Act of 2003 (Republic Act No. 9225), wherein Philippine citizens can retain (or re-acquire) their Philippine citizenship despite becoming a citizen of another country though naturalization?
