Marriage (1/3 MT) Flashcards
PPT - Arcani Notes
what is marriage (constitutional concept)
Marriage is an inviolable social institution, is the foundation of the family and shall be protected by the state
Article XV (The Family) Section 2 of the 1987 Constitution
what is marriage (statutory concept)
marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life.
It (marriage) is the foundation of the family & an inviolable social institution whose [nci] nature, consequences, and incidents are governed by law and NOT subject to stipulation
except that marriage settlements may fix the property relations DURING the marriage within the limits provided by this Code.
LB: Article 1 of Family Code (1987) (E.O. 209)
Dual aspect of marriage
it is a contract
- 3 parties (man, woman, state)
- C.O.C present
- permanent but w/ remedies
creates a status
- specifies gender
- being a status, its nature, consequence, and incidents are governed by law
A & B are both well off and stipulate that they don’t need to support each other as husband and wife. A now asks for support from his millionaire wife B and B raises the defense that of their stipulation?
No, because the NCI of marriage is governed by law & cannot be subject to stipulation.
Under the law, the spouses are obligated to support each other. (Art. 68 Rights & Obligations bet. Husband & Wife)
Emman and Julia > agreed to open marriage > in
accordance with that arrangement, Julia is free to play
around but because Emman felt jealous and stalked
Julia preventing her from fooling around. Can julia
request an injunction and raise the defense that their
agreement is that they have an open marriage
No, the NCI of marriage cannot be bargained away as it is governed by law.
Remedy or Advice for same sex couples (JP)
Jesus Falcis v. Civil Registrar General
- proper remedy is not judicial intervention but through legislative interventions that marriage defined in the FC be made to include homosexual marriage.
Furthermore, the 1987 Constitution does NOT define marriage but provides the policy to protect the sanctity of marriage. It is Congress who defines marriage
what are the essential requisites of marriage in order to be valid?
[or]
when can we say that there is a valid marriage?
No marriage shall be valid, unless these essential requisites are present
- LEGAL CAPACITY of the contracting parties who must be a male and a female, and;
- CONSENT FREELY given in the presence of the solemnizing officer
LB: Art. 2 FC
What constitutes ‘Legal Capacity’?
- must be male and female
- 18 > y.o. above
- absence of any legal impediment (art. 37, 38, 41)
Differentiate Silverio 2007 case v. Cagandahan 2008 case
[Silverio]
- gender is determined by birth by the physical examination of the genitalia
- gender is immutable & no amount of surgery can change one’s gender
[Cagandahan]
- in a case of Hermaphroditism, when the person reaches the age of majority, he/she can determine what gender/sex the person identifies with
Atty T was surprised to see that his gender in his birth certificate is blank. What is his remedy?
- Judicial Correction of Entries (Rule 108)
- Administrative Correction of Entries (done in LCR)
36
37
38
41
53
36 - PI
37 - Incestuous
38 - Void by Public Policy
41 - bigamous marriage
53 - 2nd marriage void for non-compliance of 52 (L.I.)
Art. 37
Incestuous marriages between the following are incestuous and void from the beginning, whether the relationship between the parties be legitimate or illegitimate
- between ascendants & descendants of any degree
- between brothers & sisters whether half or full blood
Art. 38
marriage is void from the beginning by reason of public policy
(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting parent and the adopted child;
(6) Between the surviving spouse of the adopted child and the adopter;
(7) Between an adopted child and a legitimate child of the adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse
5 —- M adopts B. M marries W. M dies. B cannot marry W.
6 — - M adopts B. B marries G. B dies. G cannot marry M
Jessa is the adoptive mother of Ella
Jessa has a legitimate son named Enricko
Jessa, out of wedlock, has an illegitimate son named Eugene.
Ella & Eugene marries. Is the marriage void?
The marriage is valid. Provided for in Art. 38, marriages are void by reason of public policy between the adopted child & the legitimate child of the adopter is void.
In this case, Eugene is illegitimate and Ella is adopted so there is no prohibition. However, should Ella and the legitimate son of Jessa, Emman marry, that shall be void by reason of public policy
Isabel married Emman > Isabel filed PNM (petition for nullity of marriage) based on 36 > Emman judicially declared PI
Is psychological incapacity a legal impediment to marry? Can Emman contract a 2nd marriage with a declaration of PI?
Yes, Emman can contract a 2nd marriage. A person declared PI can still contract a subsequent marriage because PI is NOT a legal impediment
it does not act as a barrier to entering into a marriage initially, but rather as a basis to nullify the marriage after it has been contracted under Art. 36
can a person whose marriage was declared void by PI remarry the same person?
Yes, while the SC ruled that PI is permanent & incurable incapacity,however the SC also clarified that the qualification of “incurability” means the incapacity exists DURING the marriage and not there being no cure/treatment; PI is premised on persistence and not absolute incurability
That is why spouses declared PI can always remarry as things might work out. Once again, while PI is a ground to declare a marriage void, it is not a L.I. nor an essential requisite.
Q: What must be provided in a judgment
- declaring VOID under art. 40?
- declaring ANNULLED under 45?
in both cases,
[Art. 50]
- citing Art. 43 (2, 3, 4, & 5) & citing Art. 44 shall apply to marriages void (art. 40) [and] marriages annulled (art. 45)
JUDGMENT must include
- [lpd] of properties
-custody & support of common children
- delivery of presumptive legitimes
[Art. 52]
RECORDING in appropriate LCR [and] registry of properties;
- partition & distribution of the properties of the spouses
- delivery of the children’s presumptive legitime
OTHERWISE, it will have no effect on third persons (new person who wants to marry the annulled person or person in a void ab initio marriage)
IOW, non-compliance would be as if the previous marriage still exists (even with DANM or Annulment) therefore subsequent marriage would be VOID
Effect of non-compliance of Art. 52 in spite obtaining the declaration of void marriage [or] annulled marriage
Non-compliance w/ art. 52 constitutes a legal impediment.
under Art. 53, the 2nd marriage is void for lack of legal capacity because of the presence of a L.I.
Essential Requisites > Consent vs. Motive >
Distinguish
Liberty Albios case vs. Morimoto case
Republic v. Liberty Albios 2013
While Liberty showed no intention to establish a conjugal and family life and the marriage was only for the purpose of acquiring american citizenship, it did not make the marriage void. MOTIVE may be impure but as long as there is CONSENT, the marriage is valid
- authorities of civil law are more inclined to agree with the Albios doctrine
Morimoto vs Morimoto 2021
Marriage entered for the purpose of acquiring Japanese visa. The SC ruled (SAJ) that a valid marriage is for the purpose of the establishment of conjugal and family life. When parties enter into marriage NOT for the conjugal purpose, there is no marriage to speak of thus it is a void marriage (contrary to the Albios case)
- purpose was an element of consent. consent being intertwined with the purpose of establishing conjugal and family life
what are the formal requisites of marriage?
- authority of the solemnizing officer
- a valid marriage license exc in cases provided for in Chap 2 of this Title, and;
- a marriage ceremony
a. which takes place with the appearance of the contracting parties before the SO [and]
b. their personal declaration that they take each other as husband and wife
c. in the presence of NOT LESS than (2) two witnesses of legal age.
Formal Requisites > Authority of the solemnizing officer >
who may solemnize marriage? (Art. 7) & (LGC, S444, p(b)(1)(xviii)
- incumbent members of the Judiciary within its jurisdiction
- Priest, etc. of any church or religious sect DULY AUTHORIZED by the same [and]
REGISTERED with the civil registrar general …
provided that at least (1) one of the contracting parties belongs to the solemnizing officer’s church or religious sect
- Ship captain or airplane chief in articulo mortis while at sea/flight but also during stopovers at ports of call (31)
- Military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military operation, only inc cases in (32)
- Consul general, consul, or vice consul in cases of Art. 10
- City or Municipal Mayor
Jhoanne is a consul. can she solmenize marriage between a filipino and a national in europe?
No, they must be both Filipinos for a consul to have authority to solemnize marriages.
Formal Requisites > valid marriage license >
who may issue marriage license?
Local Civil Registrar
how long is the validity of a marriage license?
120 days valid from its issuance (and) can be used anywhere in the Philippines
Note: The requirement of residency is only relevant for purposes of applying for a marriage license - because once a marriage license is issued or obtained, the marriage may be solemnized ANYWHERE.
A & B were married but later was later obtained a DANM. A contracted a subsequent marriage with C in the process of the delivery of his presumptive legitims to his children with B.
A & C living both in Mandaue applied for a ML and the LCR issued the ML. Can B challenge the fact that the LCR issued a ML to A & C even with a Legal Impediment?
No, even if there is a L.I. between A & C as A had not complied with Art. 52 thus making their marriage between C void for lack of compliance, the LCR’s duty is ministerial, in that, they still must issue the ML in spite of the L.I.
the remedy of the LCR should ask for an order preventing such issuance.
Formal Requisites > valid Marriage ceremony
Is a marriage solemnized on-line valid?
While Art. 3 did not provide personally appeared but merely “appearance”
and appearance can be complied through videoconferencing like how rules of court allow court hearings to be done online.
It is however not allowed. Virtual marriages are VOID for absence of a valid marriage ceremony
what does personal declaration refer to?
refers to prohibition of proxy’s were a representative says “I do” in behalf of the future spouse.
how is personal declaration complied with?
- either by oral declaration, or
- signing of the marriage contract
either way will comply the requirement of personal declaration
Formal Requisites > valid Marriage ceremony
where can the marriage ceremony be solemnized?
GEN RULE & EXC
the marriage shall be solemnized PUBLICLY;
[Art. 8]
1. chambers of the judge [or] in open court
- church, chapel, temple
- office of consul, vice-consul, consul-general
[Exc]
1. in articulo mortis
2. remote places so far located [29]
3. both parties, in writing to S.O. house or place [29]
wrong venue is an irregularity not absence of marriage ceremony therefore valid
what must the S.O. insofar as the requirement in lieu of a ML in articulo mortis [and] residence of either party is located in far-flung area?
SO execute affidavit before LCR or person authorized to administer oaths stating that;
- marriage was performed in articulo mortis or that the residence of either party is so located without means of transportation to enable the party to personally appear before the LCR
- the SO took necessary steps to ascertain ages & relationshp of the contracting parties & absence of LI
Specific Examples of VOID Mrgs. due to ABSENCE of ESSENTIAL requisites
absent essential = void
[Absence of Consent]
- Mrg. in jest
- mistaken identity
[Absence of legal capacity]
- either below 18
- same sex
- incestuous
- void by public policy
- big or poly mrg.
Roble agreed to marry Emman but at the time of the wedding, Emman was unable to wake up early because of the bachelor’s party, Emman sent his identical brother to the wedding and Roble personally
declared to be her lawful husband.
is this absence of consent or defect in consent?
This is absence of consent due to Mistake in Identity. While there is consent, insofar as the right person, there is no consent
Cite Specific Instances where any of the ESSENTIAL reqs of mrg is DEFECTIVE
defective essential = voidable
[Defective Consent]
- Mrg. either is of unsound mind (45(2)
- consent obtained by fraud (45(3)
- consent obtained by [fiu] force, intimidation, or undue influence (45(4)
[Defective Legal Capacity]
- Party 18-20 > Mrg. Solemnize > No Consent [pg/spa] (45(1))
p.s.
spa - substitute parental authority
difference between homosexuality for a ground of annulment under art. 46(3) and homosexuality for grounds of legal separation under art. 55(6)
concealment. had he not conceal, she would not have given her consent to marry (46 annulment)
Specific Examples of VOID Mrgs. due to ABSENCE of FORMAL requisites
absent formal = void
[Absence of Solemnizing Officer]
- does not have legal authority to solemnize (w/ exc.)
[Absence of marriage license]
-** total absence** of ML
- ML expired at time of solemnization of marriage
- AoCohabitation under r34 is falsified
[Absence of marriage ceremony]
- signed marriage contract [w/o a S.O.] & [w/o actual wedding ceremony] (Pp v. Morigo)
Mayor is suspended. Vice Mayor has his authority temporarily, can the vice mayor solemnize marriage?
yes
Juan and Maria have been living together as husband and wife for over five years without any interruption. They share a house, attend family gatherings together, and are recognized in their community as a couple. Juan now wishes to formalize their relationship and plans to marry Maria. He seeks to execute an Affidavit of Cohabitation under Article 34 of the Family Code, stating that they have lived together continuously for more than five years without any legal impediment to marry.
However, during their relationship, Juan has not obtained a legal separation or annulment from his previous marriage to Ana, which remains subsisting.
Can Juan validly execute the Affidavit of Cohabitation and marry Maria without a marriage license?
No. While it is true that Juan has been consistently living together with Maria for more than 5 years and may execute an affidavit of cohabitation as an exception to the formal requisite of a valid marriage license, he however has a legal impediment as he still has a valid and subsisting marriage with Ana so Art. 34 will not apply
A & B passionately in love but forbidden by their parents elope to a new city. They wanted to declare their vow of love by marrying without a ML so they falsified an Affidavit of Cohabitation stating that they have been living together for 5 years w/o L.I. even when it was only 1 year
What is the effect of a falsified AoC ?
In the case of Republic v. Dayot, a falsified AoC is a complete absence of the ML therefore void.
how does prevailing JP describe the 5 years of cohabitation in order to avail of the exception to the requirement of a valid ML?
- counted backward 5 years from the marriage
- continuous (does not aggregate)
- exclusive (true marital union w/o marriage)
- free from L.I.
Distinguish total absence of consent from vitiated consent
total absence - void
vitiated/defective consent - voidABLE
Cite Specific Instances where IRREGULARLITY in a FORMAL req of Mrg.
irregular formal = valid
[Irregular Authority of SO]
- Mrg solemnized by a judge outside of territorial JD of the court
[Irregular ML]
- ML issued violating 10 day notice of publication requirement
- ML issued by LCR of the city/municipality where none of the parties reside
- ML issued w/o PA [and] Cert of Mrg. Cnsling w/in the prohibitive period [15, 16]
[Irregular MC]
- absent 2 witnesses req
- witnesses not of legal age
- solemnize in wrong venue
- absent verbal exchange of “I DOs” [exc when] the parties signed the Marriage Certificate
- absent marriage certificate [exc when] the parties personally & publicly declare in the presence of the SO & witnesses that they take each other as husband and wife
both to-be-spouses are from Cebu, but applies for ML in the LCR of Manila and later contracts marriage
void? voidable? valid?
valid but subjects the LCR to administrative liability. this is an irregularity of the formal requisite of ML but does not render the marriage void/able.
Formal Req > Marriage solemnized w/o ML is void
exceptions
v. armmm
- in articulo mortis [27]
- remote places so far located [28]
- during voyage [31]
- w/in zones of military operations [32]
- among muslims or ethnic cultural communities [33]
- ratification of marital cohabitation [34]
Requirements in lieu of ML in ratification of marital cohabitation
- affidavit of the contracting parties, stating that they have been living together as husband & wife for at least 5 years w/o LI to marry each other
- affidavit of the SO stating that he ascertained the qualification of the contracting parties & found no LI
war broke out but A & B wanted to marry before everything turns to ash. C was a pilot and finding out that pilots or ship captains have authority to solemnize marriage in articulo mortis, they earnestly asked C to do the same.
is the marriage valid?
No, pilots/ship captains’ authority is limited to their passengers during stopovers or during transits.
If not passengers,
If the parties believed that the senator who solemnized the marriage is authorized.
Does the exception apply?
Would your answer be the same had the solemnizing officer be judge but no longer an incumbent member of the judiciary?
- This is mistake of law. Senators are not authorized by law to do so and Ignorance with the law excuses no one therewith
- this is mistake of fact
Is good faith on the part of either or both of the contracting parties an exception to the requirement of a valid ML?
No, good faith is not an exception as it is not provided for in the family code nor in prevailing jurisprudence
[Arcani]
The Family Code does not consider good faith insofar as the requirement of a marriage license is concerned. Good faith is only applicable to the authority of a solemnizing officer.
Effects of DEFECT in any of the ESSENTIAL requisites?
- It renders the marriage voidABLE so it is valid until annulled by the court.
essential requisite: defect
formal requisite: ___
irregularity
Art. 4
Is a marriage where either of the contracting parties is suffering from a
- permanent and incurable physical inability to consummate marriage (45(5) or
- a serious and incurable STD (45 (6)
voidable due to defective consent?
No they are not a ground for a defective consent, however they are still grounds to declare a marriage annulled called ground for total consideration of marriage
because going back to the statutory definition of marriage, it is for the establishment of the conjugal and family home. One cannot if these grounds are present.
Status of a marriage is valid, void, or voidable is determined by the law in force at the time of the solemnization
marriage was solemnized by proxy on 2020 which is void
2024, new law validates proxy marriage
is the 2020 proxy marriage now valid?
No, subsequent laws affecting marriage should not be given retroactive application
when to use
Nullity:
Annulment:
N - void mrgs.
A - voidAble mrgs
Effects of IRREGULARITY in any of the FORMAL reqs
shall not affect the validity but parties responsible for the irregularity shall be administratively, civilly, and criminally liable
18 -20 is required to secure:
21-25 is required to secure
- P. Consent
- P. Advice
- both require Certificate of Marriage Counseling [16]
May a city or municipal mayor solemnize marriage outside of his/her territorial jurisdiction?
Yes, as the provided in the LGC (imo)
May a city or municipal mayor solemnize the marriage of parties neither of whom is a resident of his/her city or municipality?
Yes, provided it is w/in territorial JD of the mayor [imo]
Other than Marriage Contract (not license), how can the fact of marriage be proved?
by Extrinsic Evidence (De Jacob v. CA)
- testimony of witness to the matrimony
- couple’s public & open cohabitation after alleged wedlock
- birth & baptismal certs of children born during such union
- mention of fact of marriage in subsequent documents
CONFLICT OF LAWS
> Rule on Marriage > Lex Loci Celebracionis (Art. 26)
GEN: Marriages valid outside, is valid in the Philippines
Exceptions
[Art. 35 (par. 1, 4, 5, 6)]
1 - Mrgs. below 18
4 - Big/Poly Mrgs not falling under Art. 41
5 - Mrg thru mistake of identity
6 - subsequent void Mrgs under r53
[Art. 36]
- psychological incapacity
[Art. 37]
- incestuous Mrg
[Art. 38]
- Mrg against public policy
A is from Middle East with 50 wives. He brings them all in Philippines. Is their marriage valid?
General Rule: valid there, valid here
Exc: No, provided in Art 35 is that marriages that are polygamous are void unless it is under Art. 41
41 contemplating a situation where the spouse is absent and the spouse obtains a judicial declaration of presumptive death and later marries.
Marriage in Germany but solemnize by a person without authority yet does it nonetheless. Valid in Germany
There is complete absence of the essential requisite of authority of solemnizing officer. is the valid marriage abroad valid here?
Yes, the marriage is valid.
Gen rule: valid there valid here.
Exc: it does not fall under the exceptions in Art. 35
trust me bro
Mr. Gingoyon and his BF wanted to have their marriage solemnized in Ukraine. Applying lex loci celebrationis, if their marriage in Ukraine is valid then it shall also be considered valid in the Philippines
is there homosexual marriage valid considering that Art. 26 does not enumerate homosexual marriage as one of the exceptions?
since it is homosexual, which is the exception to the rule based on Art. 38 public policy, then it is not valid in the philippines
while homosexual marriages is not expressly provided in Art. 38 on marriages against public policy. taking cue on prevailing JP such as Del Socorro, American realty Corp cases provide that it is still void.
Marriage in Germany without valid marriage license yet valid in Germany
Is the marriage valid here in the Philippines in spite of the complete absence of a formal requisite of a valid ML?
Yes, the marriage is valid.
GR: valid there, valid here.
XPN: absence of ML is not provided as an exception.
Filipinos A & B aged 17 went to Germany and was validly married. Is the marriage valid?
valid there, valid here the exception is art 35 (1) where both of the parties must be above 18
German 15 & Filipina 18 marry in Germany validly. Is marriage valid?
Yes, general rule valid there, valid here. Insofar as Art. 35 (1) is concerned requiring the contracting parties to be above 18, that is only applicable to Filipino citizens as aliens are governed by their national law consistent with the nationality principle
Conflict of Laws Rule for;
[A] Mrg. bet. foreigners in the Philippines.
Philippine law applies, but legal capacity to contract marriage is governed by the national law of the foreigners (Art.21)
requires Certificate of Legal Capacity in their respective consuls in Philippines
Conflict of Laws Rule for;
[B] Mrg. bet. foreigner & filipino in the Phil
Philippine law applies, but the legal capacity of the foreigner is governed by his/her national law. (Article 21) by way of exception of Art. 36(1)
Conflict of Laws Rule for;
[C] Mrg. between filipinos solemnized abroad
Lex loci celebrationis applies, but subject to exceptions provided for under first paragraph of Article 26
Conflict of Laws Rule for;
[D] Mrg. between foreigners solemnized abroad
[D]
Lex loci celebrationis, but subject to the exceptions provided for under first
paragraph of Article 26, except Article 35, paragraph 1, to be consistent with Article 21 (based on public policy consideration).
TN: Art 35(1) applies ONLY TO FILIPINOS
Conflict of Laws Rule for;
[E] Mixed Mrg. between foreigner & filipino solemnized abroad
Mrg. Law of Country [26] (exc 35 par. 1)
35(1) applicable only to filipinos
Discuss W/N a foreign national can avail of PI Art. 36 as a ground of DANM
context: both Germany & US do not recognize PI
[Keppel]
PI not a ground available to nationals (even former filipinos now naturalized) as they are governed by their new national laws. and since marriage was celebrated in Germany, the NCI must be governed by German laws
[Ambrose]
- While PI is not recognized in the US, either husband/wife, regardless of citizenship can avail of PI since marriage is celebrated in the Philippines, the NCI of the marriage shall be governed by Phil law thus permitting a national to avail of PI even when it is not recognized in his nation
Agpalo & Justice Paras view on Mix Marriages Abroad
They believe that the exceptions of the Art. 26 (1) apply only to filipino citizens, so in mix marriages celebrated abroad, the exceptions only apply to the filipina spouse
Example: bigamy is allowed abroad is valid insofar as
the middle eastern is concerned but the filipina spouse is not valid. This will result in a hybrid marriage (valid for the national, void for the filipina spouse) This is the pitfall of atty Agapalo and Justice Pras
view of Sta. Maria on Mix Marriages Celebrated Abroad
GR: valid there valid here
EXC: 26 (1)
EXC-XPN: 36(1)
such that;
marriage between a 18 filipina and 15 german is valid
view of Agpalo & Paras on Mixed Marriages Celebrated Abroad
35 (1) exc applies only to Filipinos
same like Sta. Maria
Art. 26 (2) Effect of Divorce
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
What are the Requisites to obtain a divorce?
- applicable only to mixed marriages [but] foreign citizenship must be reckoned from time DD obtained [and not] time of Solemnization of marriage.
- applied either or solely by alien [or] filipino spouse (Republic v. Manalo) 2018
- applied obtained by mutual agreement or jointly by (Abel v. Rule) 2021
Cipriano Orbecido III and Maria, both Filipino citizens, were married in the Philippines in 1981. In 1986, Maria moved to the United States and later became a naturalized American citizen. After obtaining her American citizenship, Maria filed for and successfully obtained a divorce in the U.S. in 2001.
Upon learning of the divorce, Cipriano, still residing in the Philippines, filed a petition in a Philippine court seeking permission to remarry, citing his former wife’s foreign citizenship and the valid divorce obtained abroad. Can Cipriano remarry?
Yes, illustrated in the case of Republic v. Cipriano, [filipinos who are naturalized can validly obtain and apply for a DD] as provided in Art. 26 par. 2 where a marriage is validly celebrated and a divorce is validly obtained by the foreign spouse, the Filipino spouse shall likewise have the capacity to remarry
Art. 26 (2) Effect of Divorce
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
if the DD was obtained by the filipina spouse, will the rule apply?
Yes, in the case of Manalo, the SC ruled that if the filipina validly obtained a DD, it can be said that it was obtained by the alien spouse because the alien spouse is bound by the DD
Following the case, what is the remedy of Cipriano now that his former wife has obtained a DD abroad?
Effect of foreign divorce is not automatic to filipino spouses
he must file a
- special civil action for declaratory relief under (r63) RoC [or]
- petition for recognition of foreign judgment under (r39, sec. 48)
otherwise, contracting 2nd marriage would be bigamy
Matters to prove in proceedings for Declaratory Relief R63
- existence & authenticity of the DD, pursuant to rule 132(24,25) RoC
- demonstrate DD’s conformity to the laws allowing for divorce [of the national’s country (Bayot v. Bayot) (Noveras v. Noveras) + prove the DD as a FACT
- prove that the DD obtained abroad capacitates alien spouse to remarry meaning divorce is absolute & not relative
[IN ADDITION]
- PRAYER directing the PSA/LCR to annotate the DD so a CENOMAR may be issued.
TN: required annotation of the Cert of Marriage under PSA is deemed a correction of entry that requires court order through rule 108
two kinds of divorce
- relative - equivalent to legal separation not dissolving the marital bond even if obtained abroad
- if relative D, art. 35 does not apply.
- absolute - petitioner for declaratory recognition of judgment action, filipina has to prove that the divorce is absolute divorce
In a situation where the divorce decree was obtained in a country other than the country of the alien spouse, which law needs to be proved for purposes of the petition for declaratory relief?
Is it the national law of the foreigner or the law of the country where the divorce decree was obtained?
the law need to be proved is the national law of the alien spouse (Bayot v. Bayot) 2008
The husband and the wife were both Filipinos when they got married but the wife subsequently acquired U.S. citizenship and obtained a divorce decree in the Dominican Republic. Thereafter, she filed a petition for nullity of marriage before a Philippine court. The husband filed a Motion to Dismiss for lack of cause of action as the marriage was already dissolved by the divorce decree earlier obtained by the wife.
which divorce law should be the national’s or country where they got DD?
As illustrated in the case of Noveras v. Noveras, the SC reiterated that the recognition of a foreign DD requires:
- foreign judgment & authenticity must be proven as facts under RoE (together with)
- alien’s applicable national law to show the effect of the judgment on the alien himself
atty T: the SC applied national law of the american spouse in determining the validity of the divorce & NOT where the DD was obtained.
The recognition may be made in an action instituted specifically for the purpose or in another action where a party invokes the foreign decree as an integral aspect of his claim or defense. The requirements of presenting the foreign divorce decree and the national law of the foreigner must comply with our Rules of Evidence.
Can an alien invoke Art. 26(2) as a cause of action for the divorce decree be recognized in the Philippines?
Yes, it does not bar the alien to file an action but no longer under Art. 26 but under Rule 39 (sec. 48) RoC
A & B got divorced in US and later was recognized in the Philippines. What is your advice to B who wants to remarry in the Philippines
Remedies to recognize the foreign DD for purposes of contracting marriage in the Philippines
When DD obtained & recognized in Phil, either spouse can remarry
- when applying for a ML, the former spouse now need to submit a CENOMAR to the PSA (Certificate of No Marriage)
- a marriage contract is kept by the LCR, SO, etc. The LCR will forward the MC to the PSA.
- if you apply CENOMAR in the PSA, the same will check its records & if it finds that a copy of MC is there, it will not issue CENOMAR even w/ DD obtained
- even w/ DD, PSA will only issue if there is recognition thru annotation upon order of the court
this is why when you want to remarry, you
Procedural Remedies for Recognition of Foreign DD
- petition for declaratory relief (r63) RoC
- petition for enforcement of foreign judgment (r39-sec48) RoC
- petition for correction/change of entries in the civil registry (r108) RoC
- in collateral proceedings when a foreign DD is invoked by a party as an integral aspect of his claim/defense (Toyo v. Toyo 2019)
- ex. prosecution for bigamy bc husband obtained DD abroad but without it being recognized in the Phil. If he had only proved the DD recognized and his MC annotated, he would have been exonerated.
Your client is having little money and time due to the divorce decree he has obtained with his ex-wife.
he comes to you telling you that he wants to get married in the philippines w/ his highschool sweetheart. what is your advice to him?
Petition for Correction of Entry under Rule 108 as this saves time & money
if the remedy chosen were;
- recognition of DD or,
- action for declaratory relief
while these 2 will grant the recognition of the DD, it being an ordinary action, the court cannot grant a correction of entry in the same proceeding because the latter falls under special proceedings
Citing the case of Corpus v. Sto. Tomas, the SC ruled that the recognition of the foreign divorce decree may be made in a Rule 108 proceeding, as the object of a special proceeding is precisely to establish the status or right of a party or a particular fact.
Matters to prove in a proceeding for recognition of foreign DD under rule 39 section 48
this is the appropriate remedy of an alien and not Art. 26 (2) of the FC for recognition of DD
- existence & authenticity of the foreign DD
- national law of the alien spouse
these 2 requisites must be proved in accordance to Rule 132 sec. 24 & 25 of the RoE
Action for recognition of foreign DD
vs
ordinary foreign judgment under rule 39, sec. 48
- Gen, action for recognition for foreign judgment, petition needs only to prove the foreign judgment AS A FACT under the RoC
- VALIDITY of the foreign judgment/foreign laws does NOT need to be proven because whether local or foreign, judgment is presumed valid. Issues to be resolved by Philippine courts are;
- w/n foreign judgment is contrary to public policy of philippines
- w/n alleging party is able to prove an extrinsic ground to repel foreign judgment (want of JD, want of notice, collusion, fraud, clear mistake of law or fact)
absent inconsistency of PP or proof to repel foreign judgment, Phil court should by default recognize foreign judgments
