NINETEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
) 
HOUSE OF REPRESENTATIVES 
House Bill No. ---
Introduced by REPRESENTATIVES LANI MERCADO-REVILLA, 
BRYAN B. REVILLA AND RAMON JOLO REVILLA 111 
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 
Currently, the recognition of foreign divorce in the Philippines involves a legal 
process wherein courts validate the effectiveness of a divorce obtained abroad .1 It is 
crucial to note that this recognition is contingent upon one of the spouses being a 
foreigner at the time of divorce, as outlined in Executive Order No. 209, or the Family 
Code. Paragraph 2 of Article 26 reads: "When 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." 
The evolving interpretation of Article 26's second paragraph has led to the 
acknowledgment of various scenarios where the divorce decree is obtained: 1) by the 
foreign spouse; 2) jointly by the Filipino and foreign spouse; and 3) by the Filipino spouse 
solely.2 Despite progressive court decisions, the requirement for judicial recognition 
remains a significant hurdle. 
The current process, involving a court case for the recognition of foreign divorce 
carries several implications. Firstly, Filipino spouses validly divorced abroad face delays 
in the recognition of their divorce in the Philippines due to the procedural steps akin to 
other court cases, involving document gathering, pleading drafting, witness presentation, 
and the final decision.3 The petitioner must establish the foreign judgment as a fact, 
adhering to specific rules of evidence.4
1 Article 13 of Executive Order No. 2019, otherwise known as the "Family Code of the Philippines." 
2 Galapon v. Republic, GR No. 243722, January 22, 2020. 
3 Britanico, F. (2021, June 28). [ANAL YS/SJ Getting a foreign divorce recognized in the Philippines. Rappler. 
https://www.rappler.com/voices/thought-leaders/analysis-getting-foreign-divorce-recognized-philippines/ 
4 In Re: Petition for Judicial Recognition of Divorce Between Minuro Takahashi and Juliet Rendora Morana, GR No. 
227605, dated December 5, 2019. 
February 12, 2024
5:40 pm
9918




NINETEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
) 
HOUSE OF REPRESENTATIVES 
HOUSE BILL NO.  9918 
Introduced by REPRESENTATIVES LANI MERCADO-REVILLA, 
BRYAN B. REVILLA AND RAMON JOLO REVILLA Ill 
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" 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Article 13 of Executive Order No. 2019, otherwise known as the 
Family Code of the Philippines, is hereby amended to read as follows: 
"Art. 13. In case either of the contracting parties has been previously 
married, the applicant shall be required to furnish, instead of the birth or 
baptismal certificate required in the last preceding article, the death 
certificate of the deceased spouse [or the judicial decree of the absolute 
divorce, or], the judicial decree of annulment or declaration of nullity of [his 
or her] the previous marriage[.], OR A FOREIGN DECREE OF 
TERMINATION OF MARRIAGE DULY AUTHENTICATED BY THE 
PHILIPPINE EMBASSY OR CONSULAR OFFICE WHERE THE FOREIGN 
DECREE WAS ISSUED. 
"THE 
FILIPINO 
SPOUSE 
NEED 
NOT 
SEEK 
JUDICIAL 
RECOGNITION OR ENFORCEMENT OF THE FOREIGN DECREE OF 
TERMINATION OF MARRIAGE. THE REGISTRATION OF THE DULY 
AUTHENTICATED 
FOREIGN 
DECREE 
OF 
TERMINATION 
OF 
MARRIAGE IN THE PHILIPPINE CIVIL REGISTRY SHALL BE 
SUFFICIENT PROOF OF CAPACITY TO REMARRY. 
"In case the death certificate cannot be secured, the party shall make 
an affidavit setting forth this circumstance and [his or her] actual civil status 
and the name and date of death of the deceased spouse." 
SEC 2. Article 26 of Executive Order No. 209, as amended, is hereby further 
amended to read as follows: