EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
S E N A T E  
S. No. 67
(iDlitif of il;c S . trrtniT
■19 
JUL-1 PI '43
RECc!1,/.
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
EXPLANATORY NOTE
Articles 13 and 26 of Executive 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 his/her spouse, he/she may only re-marry if the foreign spouse is 
capacitated to re-marry.
This bill, which was passed on third reading in the House of Representatives 
but failed to pass in the Senate during the 17th Congress, seeks to eliminate this 
undue prejudice against our own citizens by capacitating them 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.
The Philippine Commission on Women supports this bill believing that this 
measure is a tool for women empowerment as it will primarily benefit Filipinas. 
Citing statistics from the Commission on Filipino Overseas, they reported that 91 per 
cent of spouses of foreign nationals are women. The Philippine Statistics Authority


likewise manifested its support for the passage of this bill noting that this will solve 
the problem of many Pilipinas who, under our law are still considered married to 
their alien husbands even after the latter have already filed a divorce under their 
own law and perhaps, have already re-married.
It is for these reasons that the urgent passage of the bill is recommended.
PIA Sf CAYCTANO


EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S E N A T E
67
S. No.
€ > ( iiu  o f tijf 'srrri'M rj;
'19 
JUL-1 
PI 143
Introduced by Senator PIA S. CAYETANO REcei’/.j „
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 the Senate and the House o f Representatives o f the Philippines 
in Congress assembled:
1 
Section 1. Article 13 of Executive Order No. 209, otherwise known as
2 
the Family Code of the Philippines, is hereby amended to read as follows:
3 
"Art. 13. In case either of the contracting parties has been
4 
previously married, the applicant shall be required to furnish,
5 
instead of the birth or baptismal certificate required in the last
6 
preceding article, the death certificate of the deceased spouse [or
7 
the judicial decree of the absolute divorce, or], the judicial decree
8 
of annulment or declaration of nullity of [his or her] THE previous
9 
marriage[.], OR A FOREIGN DECREE OF TERMINATION OF
10 
MARRIAGE 
DULY 
AUTHENTICATED 
BY 
THE 
PHILIPPINE
11 
EMBASSY OR CONSULAR OFFICE WHERE THE FOREIGN DECREE
12 
WAS ISSUED.
13 
THE FILIPINO SPOUSE NEED NOT SEEK JUDICIAL
14 
RECOGNITION OR ENFORCEMENT OF THE FOREIGN DECREE OF
15 
TERMINATION OF MARRIAGE. 
THE REGISTRATION OF THE
16 
DULY-AUTHENTICATED FOREIGN DECREE OF TERMINATION OF


1 
MARRIAGE IN THE PHILIPPINE CIVIL REGISTRY SHALL BE
2 
SUFRCIENT PROOF OF CAPACITY TO REMARRY."
3 
In case the death certificate cannot be secured, the party
4 
shall make an affidavit setting forth this circumstance and [his or
5 
her] actual civil status and the name and date of death of the
6 
deceased spouse.
7 
Sec. 2. Article 26 of Executive Order No. 209 is hereby amended to read
8 
as follows:
9 
"Art. 26. All marriages solemnized outside the Philippines,
10 
in accordance with the laws in force in the country where they were
11 
solemnized, and valid there as such, shall 
also be valid in this
12 
country, except those prohibited under Articles 35 (1), (4), (5) and
13 
(6), 36, 37 and 38.
14 
Where a marriage between a Filipino citizen and a foreigner
15 
is [validly] celebrated and a [divorce] DECREE OF TERMINATION
16 
OF MARRIAGE is thereafter [validly] obtained abroad by [the alien]
17 
EITHER spouse [capacitating him or her to remarry,] AND
18 
SUBSEQUENTLY 
REGISTERED 
IN THE 
PHIUPPINE CIVIL
19 
REGISTRY AS PROVIDED IN ARTICLE 13 
HEREOF, the Filipino
20 
spouse shall likewise have capacity to remarry under Philippine
21 
law."
22 
ARTICLE 412 OF THE CIVIL CODE SHALL NOT APPLY IN
23 
RECOGNIZING THE TERMINATION 
OF MARRIAGES REFERRED
24 
HEREIN.
25 
ANY AGREEMENT ON THE LIQUIDATION, PARTITION AND
26 
DISTRIBUTION OF THE PROPERTIES OF THE SPOUSES, THE
27 
CUSTODY AND SUPPORT OF COMMON CHILDREN, THE DELIVERY
28 
OF THEIR PRESUMPTIVE LEGITIMES INCLUDED IN THE DECREE
29 
OF TERMINATION OF MARRIAGE SHALL BE RECOGNIZED. IN THE
30 
ABSENCE THEREOF, THE PROVISIONS 
OF THE FAMILY 
CODE
31 
SHALL BE IN FORCE.


1 
THE PROVISIONS OF THIS ACT CAN BE AVAILED BY A
2 
FILIPINO:
3 
(A) 
WHO IS MARRIED TO A FOREIGNER WHOSE
4 
MARRIAGE HAS BEEN TERMINATED ABROAD BY EITHER SPOUSE,
5 
INCLUDING 
A 
FILIPINO 
WHOSE 
MARRIAGE 
HAS 
BEEN
6 
TERMINATED ABROAD PRIOR TO THE EFFECnVITY OF THIS ACT;
7 
(B) 
WHO HAS BEEN DIVORCED FROM A SPOUSE WHO
8 
HAD SUBSEQUENTLY ACQUIRED FOREIGN CITIZENSHIP; AND
9 
(C) 
WHO HAS SUBSEQUENTLY ACQUIRED FOREIGN
10 
CITIZENSHIP AND WHO HAS DIVORCED 
FROM THE FIUPINO
11 
SPOUSE ABROAD."
12 
Sec. 3. 
If any part or provision of this Act shall be declared
13 
unconstitutional and invalid, such declaration shall not invalidate other parts
14 
thereof which shall remain in full force and effect.
15 
Sec. 4. All laws, orders, decrees, rules and regulations, and other parts
16 
thereof inconsistent with the provisions of this Act are hereby repealed,
17 
amended or modified accordingly.
18 
Sec. 5. This Act shall take effect fifteen (15) days after its publication in
19 
the Official Gazette or in a newspaper of general circulation.
Approved,