From inside the very ruling, the fresh Court applied down issues into the application of Post twenty-six(2), thus:

Citing brand new nationality concept, the fresh new Judge stressed one “a different splitting up decree carries normally legitimacy

Inside Orbecido, a great Filipino citizen wanted consent to remarry through to the process of law, saying one to his former Filipina spouse got obtained a divorce erican courtroom after she has been around since good naturalized American citizen. The new Courtroom kept that results of the fresh new divorce proceedings decree will be become accepted throughout the Philippines as it is received by the former spouse while the an american citizen according to their unique national legislation, which as a consequence, the Filipino partner shall be permitted to remarry pursuant so you can Post 26(2).

Because of your foregoing, i state the new dual issue on application of Section 2 from Post twenty six below:

The newest reckoning point is not the citizenship of your own people on the time of the affair of relationships, but their citizenship at the time a legitimate separation is actually acquired overseas by alien spouse capacitating aforementioned in order to remarry.

In this case, when [new Filipino spouse’s] wife is actually naturalized since the an american citizen, there’s meet and date cute Kani girls still a valid wedding that has been notable anywhere between [them]. Once the destiny could have it, the naturalized alien spouse then obtained a legitimate separation and divorce capacitating their particular so you can remarry. Therefore x x x the newest “divorced” Filipino spouse, would be permitted to remarry. (Stress and underscoring given)

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 in 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, rather than helping since basics to your blanket detection out of foreign splitting up decrees regarding Philippines, I think that Court’s rulings into the Van Dorn, Orbecido and you will Dacasin only describe the newest variables towards applying of the nationality principle found in Post fifteen of your Civil Password, additionally the exception to this rule thereto used in Blog post twenty six(2) your family Password. These variables is generally described below:

Obviously, the fresh twin requisites into application of Part dos away from Article twenty six is actually one another within this situation

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 a good Filipino resident cannot be enforced in the Philippines. So that if you don’t would be to allow a beneficial Filipino citizen so you can invoke international law to help you avoid a share prohibition lower than Philippine laws.

It must be showcased, yet not, that ban against pure split up just applies to Filipino people. Correctly, it cannot become invoked because of the a different national so you can avert the newest ramifications of a divorce case decree given pursuant to their federal law. So you’re able to reiterate, a split up decree given because of the a different judge remains joining on the fresh foreign lover from the Philippines, long lasting group just who gotten a comparable provided such as decree is valid and you may effective under the overseas wife or husband’s federal laws.