NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE 
s. No. £5.4
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Introduced by Senator PIA S. CAYETANO
AN ACT
RECOGNIZING THE FOREIGN DECREE OF TERMINATION OF MARRIAGE 
AND ALLOWING ITS SUBSEQUENT REGISTRATION WITH THE PHILIPPINE 
CIVIL REGISTRY, AMENDING FOR THE PURPOSE EXECUTIVE ORDER NO. 
209, OTHERWISE KNOWN AS THE FAMILY CODE OF THE PHILIPPINES
EXPLANATORY NOTE
Articles 13 and 26 oRExecutive Order No. 209, otherwise known as the Family 
Code of the Philippines, provide that if a Filipino citizen who marries a foreign spouse 
is divorced by their spouse, thev may only remarry if the foreign soouse is capacitated 
to remarry.
In 2019, the Supreme Court decided in NuUada v. Civil Registrar of Manila that 
these provisions apply regardless if it is the Filipino spouse who initiated the foreign 
proceedings or not since, in either circumstance, tiie Family Code intends to recognize 
the residual effect of the foreign divorce decree.1
This bill, which was sponsored by the undersigned and first passed on third 
reading in the House of Representatives in the 17th Congress, reflects this Supreme 
Court decision by capacitating Filipinos to re-marry upon acquisition of a foreign 
judicial decree of foreign divorce duly authenticated by the Philippine consul in the 
country where the decree was obtained. It further allows the registration of the decree 
by the civil registrar without the need for judicial recognition or enforcement.
1 Nullada v. Civil Registrar of Manila, GR No. 224548, 23 Jan 2019


The Philippine Commission on Women supports this bill believing that this 
measure is a tool for the empowerment of women, as it will primarily benefit Pilipinas. 
Citing statistics from the Philippine Statistics Authority (PSA), they reported that 93 
percent of spouses of foreign nationals are women.2 The PSA has also endorsed, in 
previous Congresses, the passage of this measure.
It is for these reasons that the urgent passage of the bill is recommended.
PIA S. CAYETONO/®-
2 Philippine Statistics Authority. (2022, January 6). Registered marriages In the Philippines, 2020. 
https://psa.gov.ph/vital-statistics/id/165610


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE
s. No.054
Senate
of tijc ^ptrctarjp
•22 J1I13 P5 -21
Introduced by Senator PIA S. CAYETANO
AN ACT
RECOGNIZING THE FOREIGN DECREE OF TERMINATION OF MARRIAGE 
AND ALLOWING ITS SUBSEQUENT REGISTRATION WITH THE PHILIPPINE 
CIVIL REGISTRY, AMENDING FOR THE PURPOSE OF EXECUTIVE ORDER NO. 
209, OTHERWISE KNOWN AS THE FAMILY CODE OF THE PHILIPPINES
Be it enacted by ^he Senate and the House of Representatives of the Philippines in 
Congress assembled:
1 
Section 1. Article 13 of Executive Order No. 209, otherwise known as the Family
2 
Code of the Philippines, is hereby amended to read as follows:
3 
"Art. 13. In case either of the contracting part’es has been
4 
previously married, the applicant shall be requireo to furnish, instead of
5 
the birth or baptismal certificate required In the last preceding article,
6 
the death certificate of the deceased spouse [or the judicial decree of
7 
the absolute divorce, or], the judicial decree of annulment or declaration
8 
of nullity oi [his or her] THE previous marriagef.], OR A FOREIGN
9 
DECREE OF TERMINATION OF MARRIAGE DULY
10 
AUTHENTICATED BY THE PHILIPPINE EMBASSY OR CONSULAR
11 
OFFICE WHERE THE FOREIGN DECREE WAS ISSUED.
12 
THE FILIPINO SPOUSE NEED NOT SEEK JUDICIAL
13 
RECOGNITION OR ENFORCEMENT OF THE FOREIGN DECREE OF
14 
TERMINATION OF MARRIAGE. THE REGISTRATION OF THE
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DULY-AUTHENTICATED FOREIGN DECREE OF TERMINATION
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OF MARRIAGE IN THE PHILIPPINE CIVIL REGISTRY SHALL BE
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SUFFICIENT PROOF OF CAPACITY TO REMARRY."


1 
In case the death certificate cannot be secured, the party shall
2 
make an affidavit setting forth this circumstance and [his or her] actual
3 
civil status and the name and date of death of the deceased spouse.
4 
Sec. 2. Article 26 of Executive Order No. 209 is hereby amended to read as
5 
follows:
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"Art. 26. All marriages solemnized outside the Philippines, in
7 
accordance with the laws in force in the country where they were
8 
solemnized, and valid there as such, shall also be valid in this country,
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except those prohibited under Articles 35 (1), (4), (5) and (6), 36, 37 and
10 
38.
11 
Where a marriage between a Filipino citizen and a foreigner is
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[validly] celebrated and a [divorce] DECREE OF TERMINATION OF
13 
MARRIAGE is thereafter [validly] obtained abroad by [the alien]
14 
EITHER spouse [capacitating him or her to remarry,] AND
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SUBSEQUENTLY REGISTERED IN THE PHILIPPINE CIVIL
16 
REGISTRY AS PROVIDED IN ARTICLE 13 HEREOF, the Filipino
17 
spouse shall likewise have capacity to remarry under Philippine law."
18 
ARTICLE 412 OF THE CIVIL CODE SHALL NOT APPLY IN
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RECOGNIZING THE TERMINATION OF MARRIAGES REFERRED
20 
HEREIN.
21 
ANY AGREEMENT ON THE LIQUIDATION, PARTITION AND
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DISTRIBUTION OF THE PROPERTIES OF THE SPOUSES, THE
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CUSTODY AND SUPPORT OF COMMON CHILDREN, THE DELIVERY
24 
OF THEIR PRESUMPTIVE LEGITIMES INCLUDED IN THE DECREE
25 
OF TERMINATION OF MARRIAGE SHALL BE RECOGNIZED. IN THE
26 
ABSENCE THEREOF, THE PROVISIONS OF THE FAMILY CODE
27 
SHALL BE IN FORCE.
28 
THE PROVISIONS OF THIS ACT CAN BE AVAILED BY A
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FILIPINO:
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(A) WHO WAS MARRIED TO A FOREIGNER AND WHOSE
31 
MARRIAGE HAS SUBSEQUENTLY BEEN TERMINATED ABROAD BY
32 
EITHER SPOUSE, INCLUDING THOSE WHOSE MARRIAGE HAS


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2
3
4
5
6
7
8 
9
10
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13
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BEEN TERMINATED ABROAD PRIOR TO THE EFFECTIVITY OF 
THIS ACT;
(B) 
WHO HAS BEEN DIVORCED FROM A SPOUSE WHO 
HAD SUBSEQUENTLY ACQUIRED FOREIGN CITIZENSHIP; AND
(C) 
WHO HAS SUBSEQUENTLY ACQUIRED FOREIGN 
CITIZENSHIP AND V\fHO HAS DIVORCED FROM THE FILIPINO 
SPOUSE ABROAD."
Sec. 3. If any part or provision of this Act shall be declared unconstitutional 
and invalid, such declaration shall not invalidate other parts thereof which shall remain 
in full force and effect.
Sec. 4. All laws, orders, decrees, rules and regulations, and other parts thereof 
inconsistent with the provisions of this Act are hereby repealed, amended or modified 
accordingly.
Sec. 5. Tiiis Act shall take effect fifteen (15) days after its publication in the 
Official Gazette or in a newspaper of general circulation.
Approved,