RECEIVED

TWENTIETH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
First Regular Session

HOUSE OF REPRESENTATIVES

House Bill No. 414

Introduced by REPRESENTATIVES LANI MERCADO-REVILLA,
BRYAN B. REVILLA AND RAMON JOLO REVILLA Ill

ANACT
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. 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 Fil
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. 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. The petitioner must establish the foreign
judgment as a fact, adhering to specific rules of evidence.

Secondly, Filipino spouses face undue prejudice, as they are considered
married to the foreign spouse until the court acts upon and decides the petition,

EP RESSS
»S

"A


potentially even after the foreign spouse has remarried. Notably, the majority
affected are women, constituting 91 percent of those married to foreigners.

Thirdly, this process contributes to the congestion of court dockets, with
such cases taking about a year and a half, adding strain to an already burdened
Philippine court system. The rising volume of petitions submitted to Philippine courts
seeking recognition and enforcement of foreign divorce decrees is adding to the
caseload, creating competition with other pending cases in the judicial system.

Out of desperation, some people fall into false promises of an expedited
process. For instance, an individual paid someone to expedite the processing of her
documents; however, when she attempted to utilize these expedited documents for
official transactions, she uncovered that they were counterfeit. Turning the
recognition of foreign divorce decrees into an administrative process would address
these issues comprehensively.

This present bill has passed the House of Representatives on its third
reading, but it failed to pass in the Senate during the 17th Congress. We have
adopted third reading version of the bill which considers various factors, including the
consequences of recognized divorce decrees and eligibility criteria for benefitting
from the Act.

In light of these considerations, we eamestly request the immediate passage

of this bill to alleviate the burdens faced by affected individuals and the court
system.

REP. LA} IERCADO-REVILLA x Be B. REVILLA
2

District of Cavite AGIMAT Partylist

REP. RAMO! LO REVILLA Ili
1st District of Cavite


TWENTIETH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

HOUSE BILL NO. 414

Introduced by REPRESENTATIVES LANI MERCADO-REVILLA,
BRYAN B. REVILLA AND RAMON JOLO REVILLA Ill

ANACT
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:

“Art. 26. All marriages solemnized outside the
Philippines in accordance with the laws in force in the country
where they were solemnized, and valid there as such, shall also
be valid in this country, except those prohibited under Articles
35 (1), (4), (5) and (6), 36, 37 and 38.

“Where a marriage between a Filipino citizen and a
foreigner is [validly] celebrated and a [divorce] DECREE OF
TERMINATION OF MARRIAGE is thereafter [validly] obtained
abroad by [the alien] EITHER spouse [capacitating him or her
to remarry], AND SUBSEQUENTLY REGISTERED IN THE
PHILIPPINE CIVIL REGISTRY AS PROVIDED IN ARTICLE 13
HEREOF, the Filipino spouse shall LIKEWISE have capacity to
remarry under Philippine law.

“ARTICLE 412 OF THE CIVIL CODE SHALL NOT
APPLY IN RECOGNIZING THE TERMINATION OF
MARRIAGES REFERRED THEREIN.

“ANY AGREEMENT OF THE LIQUIDATION,
PARTITION AND DISTRIBUTION OF THE PROPERTIES OF
THE SPOUSES, THE CUSTODY AND SUPPORT OF
COMMON CHILDREN, THE DELIVERY OF THEIR
PRESUMPTIVE LEGITIMES INCLUDED IN THE DECREE OF
TERMINATION OF MARRIAGE SHALL BE RECOGNIZED. IN
THE ABSENCE THEREOF, THE PROVISIONS OF THE
FAMILY CODE SHALL BE IN FORCE.

“THE PROVISIONS OF THIS ACT CAN BE AVAILED
BY AFILIPINO:

“(A) WHO IS MARRIED TO A FOREIGNER WHOSE
MARRIAGE HAS BEEN TERMINATED ABROAD BY EITHER
SPOUSE, INCLUDING A FILIPINO WHOSE MARRIAGE HAS
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 WHO HAS DIVORCED FROM
THE FILIPINO SPOUSE ABROAD.”

4


SEC 3. If any part or provision of this Act shall be declared unconstitutional
and invalid, such declaration shall not invalidate other parts hereof which shall
remain in full force and effect.

SEC 4. All laws, decrees, 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. This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,