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There is no divorce within the Philippines, however the Household Code permits Filipinos married to foreigners to ask native courts to acknowledge their divorce obtained overseas
MANILA, Philippines – Some Filipinos discovered a technique to avail of divorce overseas simply.
Household regulation knowledgeable Katrina Legarda, who serves as an amicus curiae (good friend of the courtroom), revealed that some abroad Filipino staff (OFW) go to Guam for divorce — separation that could possibly be acknowledged within the Philippines afterward.
“We found, your honor, that Guam has a seven-day residence requirement solely and you’ll file a divorce. Seven days. So many Filipinos who’re our OFWs had been there doing that, your honor,” Legarda informed the Supreme Courtroom (SC) justices through the oral arguments regarding a international divorce case on Tuesday, August 19.
“They usually come again to this nation having obtained a divorce in Guam and the one requirement there’s that the Filipino partner right here has to signal an settlement that they don’t seem to be objecting to the separation of property and the custody and help of the youngsters.”
There’s no divorce within the Philippines, solely declaration of nullity of marriage and annulment.
Nevertheless, the nation acknowledges divorce obtained abroad. Below Article 26, Paragraph 2 of the Household Code, Filipinos beforehand married to foreigners can ask Philippine courts to acknowledge their international divorce.
“So there are lots of OFWs who’re doing this, however in fact they’re not telling the courts this. Nevertheless it’s a actuality, your honor, so whether it is deleterious, it’s as a result of there isn’t any divorce regulation,” Legarda mentioned.
“And I believe maybe it’s time for the courtroom to interpret Article 26, Paragraph 2 as together with a mechanism wherein to guard the Filipino right here and overseas,” she added.
The case that triggered the oral arguments entails a Filipino nationwide with twin citizenship who obtained divorce whereas abroad. The mentioned Filipino nationwide acquired international citizenship by naturalization and later reacquired Philippine citizenship.
The unnamed petitioner sought his divorce to be acknowledged domestically, however a Nueva Ecija courtroom junked his petition — thus, the case reaching the Excessive Courtroom.
As raised by the justices and amici curiae through the oral arguments and in pleadings, the petition nonetheless lacks essential details, similar to to whom the petitioner is at the moment married to and different issues associated to the petitioner’s standing in the USA.
The SC will proceed the listening to on October 21.
Why don’t we’ve divorce regulation?
In her first oral arguments as the federal government’s major authorized counsel, Solicitor Common Darlene Marie Berberabe defined that there isn’t any divorce domestically not due to statutory prohibition, however slightly as a result of insurance policies don’t present a mechanism to avail oneself of absolute divorce.
“I hope additionally that our Congress can be on the best way to go a laws on divorce. As we’ve heard some time in the past, it is just the Vatican and our nation which should not have divorce,” the Solicitor Common defined.
“And if we comply with authorized realism as a philosophy, we must be acknowledging that the occasions has modified. And maybe the time is now opportune to revisit the premises of the Household Code and the intent that’s expressed by the Committee on Civil Code and the Household Code,” Berberabe added.
Former Far Jap College regulation dean Mel Sta. Maria had the identical stance as Berberabe, including that there isn’t any regulation that disallows absolute divorce between two Filipinos within the Philippines or overseas.
Sta. Maria, who additionally sits as an amicus curiae within the case, explains that the provision of three native treatments to dissolve marriage “proves that Philippine public coverage has all the time been open to the severance of marital ties between Filipinos.”
“Article 26 of the Household Code and the Shari’ah regulation (Muslim regulation) as well as exhibit that absolute divorce per se is just not offensive to our tradition, custom, and morals,” the amicus curiae defined.
“Each our Structure and Household Code, the general public coverage assertion on the safety of marriage, doesn’t expressly seek advice from a prohibition in opposition to any sort of divorce or any hazard thereof in specific, however to the establishment of marriage on the whole,” Sta. Maria added. – Rappler.com
