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Repubiic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezor City

Fifteenth Congress
Second Reguiat Session

COMMITTEE REPORT NO. 2224

Submitted by the Committee on Revision of Laws on 0.4 JUN 2012

Re House Bill No. 4368
Recommending its approval without amendment

Sponsors : Representatives Marlyn L. Primicias-Agabas and Rufus B. Roariguez

Mr. Speaker: -

The Committee on Revision of Laws i, which was referred House Bill No. 4368. introducec
by Reps. Rufus B. Rodriguez. Maximo B. Rodriguez Jr, and Augusto Buboy Syjuco
PhD. entitled

“AN ACT AMENDING EXECUTIVE ORDER NO. 209 OTHERWISE KNOWN AS THE
FAMI_Y CODE OF THE PHILIPPINES. BY HARMONIZING SAID LAW WITH RECENT
RULINGS OF THE SUPREME COURT OF THE PHILIPPINES ON DIVORCE OBTAINED
BY THE ALIEN SPOUSE IN ANOTHER COUNTRY"

has considered the same and recommends its approval without amendment. with Reps.
Rufus B. Rodriguez. Maximo 6. Rodriguez. Jr, Augusto Buboy Syjuco, Ph.D., Jeci A. Lapus
Catalina C. Bagasina and Marlyn L. Primicias-Agabas as authors thereof.

Respectfully submitted,

M.
onli IAS-AGABAS
Chairperson

Committee on Revision of Laws


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress
Second Regular Session

COMMITTEE REPORT NO. 2224

Submitted by the Committee on Revision of Laws on 04 JUN 2012

Re + House Bill No. 4368

Recommending its approval without amendment

Sponsors Representatives Marlyn L. Primicias-Agabas and Rufus B. Rodriguez

Mr. Speaker:

The Committee on Revision of Laws to which was referred House Bii! No. 4368. introduced
by Reps, Rufus B. Rodriguez, Maximo B. Rodriguez. Jr., and Augusto Buboy Syjuco
Ph.D. entitled:

“AN ACT AMENDING EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE
FAMILY CODE OF THE PHILIPPINES. BY HARMONIZING SAID LAW WITH RECENT
RULINGS OF THE SUPREME COURT OF THE PHILIPPINES ON DIVORCE OBTAINED
BY THE ALIEN SPOUSE IN ANOTHER COUNTRY’,

has considered the same and recommends its approval without amendment. with, Reps
Rufus 6. Rodriguez, Maximo B. Rodriguez. Jr., Auguste Buboy Syjuco, Ph.D., Jeci A. Lapus
Catalina C. Bagasina and Marlyn L. Primicias-Agabas as authors thereof,

Respectfully submitted,

MARI IL. PRIM IAS-AGABAS
Chairpergon

Committee on Revision of Laws


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION }

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus 6. Rodriguez and
Representative Maximo 8. Rodriguez, Jr.

House Bitwo,__ 4368
EXPLANATORY NOTE

In the case of GARCIA-RECIO vs. RECIO (G.R. No, 138322 October 2,
2001), it was ruled that, “a divorce obtained abroad by an alien may be recognized in
‘our jurisdiction, provided such decree is valid according to the national law of the
foreigner. However, the divorce decree and the goveming personal law of the alien
spouse who obtained the divorce must be proven. Our courts do not take judicial
notice of foreign Jaws and judgments; hence, like any other facts, both the divorce
decree and the national faw of the alien must be alleged and prove according to our
law on evidence’. Further, it ruled that, “the certificate mentioned in Article 21 of the
Family Code would have been sufficient to establish the legal capacity of
respondent, had he duly presented it in court. A duly authenticated and admitted
certificate is prima facie evidence of legal capacity to marry on the part of the alien
applicant for a marriage ficanse.”

This ruling made it a requirement that a foreign divorce decree be
recognized before it can be enforced by the court in the Philippines, thereby
putting to naught the concept of equity for the Philippine spouse

As such, the Filipino spouse is once again put at a disadvantage considering
that the foreign spouse is already free to remary. This proposed amendment to the
Family Code will cure such anomaly.

In view of the foregoing, immediate passage of this bill is earnestly requested.

RUFDS 8, Ri IGUEZ

som Meer JR


FIFTEENTH CONGRESS y
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION

HOUSE OF REPRESENTATIVES

introduced by Representative Rufus B. Rodriguez and
Reprasentative Maximo B, Rodriguez, Jr.

4368

House Bill No__*

AN ACT
AMENDING EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE

RECENT RULINGS OF THE SUPREME COURT OF THE PHILIPPINES ON
DIVORCE OBTAINED BY THE ALIEN SPOUSE IN ANOTHER COUNTRY

Be it enacted by the Senate and House of Represantatives of the Philippines in
Congress Assembled

SECTION 14. Article 13 of Executive Order 209, otherwise known as the Family Code
of the Philippines is hereby amended to read a follows:

Art. 13. In case either of the contracting parties has been
previously married, the applicant ‘shail be required to furnish,
instead of the birth cr baptismal certificate required In the
last preceding article, the death certificate of the deceased
spouse of the judicial decree of the absolute divorce
OBTAINED 8Y THE ALIEN SPOUSE DULY
AUTHENTICATED BY THE PHILIPPINE CONSUL IN THE
COUNTRY WHERE THE DECREE WAS OBTAINED, or the
judicial decree of annulment or declaration of nullity of his or
her previous marriage

THE FILIPINO SPOUSE NEED NOT SEEK JUDICIAL
RECOGNITION OR ENFORCEMENT OF THE FOREIGN
JUDICIAL DEGREE OF ABSOLUTE DIVORCE AND STS
REGISTRATION BY THE CIVIL REGISTRAR SHALL BE
SUFFICIENT FOR THE ISSUANCE OF A MARRIAGE
LICENSE

jn case the death certificate cannot be secured, the party
shail 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


FACT SHEET

House Bill No. 4368
As approved by the Committees on Revision of Laws

AN ACT AMENDING EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN
AS THE “FAMILY CODE OF THE PHILIPPINES”, BY HARMONIZING SAID
LAW WITH RECENT RULINGS OF THE SUPREME COURT OF THE
PHILIPPINES ON DIVORCED OBTAINED BY THE ALIEN SPOUSE IN
ANOTHER COUNTRY

Introduced by: (REPRESENTATIVES RUFUS B. RODRIGUEZ, MAXIMO B. RODRIGUEZ, JR.,
AUGUSTO BOBOY SYJUCO,.PH.D., JECI A. LAPUS, CATALINA C. BAGASINA AND MARILYN
LL. PRIMICIAS-AGABAS}

Committee Referral REVISION OF LAWS
Committee Chairpersons HON, MARLYN L, PRIMIAS-AGABAS
OBJECTIVE:

* To put Filipino and alien spouses on equal footing and prevent unintentional
discrimination

KEY PROVISIONS:

* Allows a Filipino to contract a subsequent marriage in cases where divorce is validly
obtained abroad by the alien spouse.

* Recognizes divorce obtained by the alien spouse in another country without the
need to seek judicial recognition or enforcement of the foreign judicial decree of
absolute divorce;

« Adds a ‘equirement for contracting parties who ate previousty married to
furnish copy of their Judicial Decree of Absolute Divorce obtained by the alien
spouse duly authenticated by the Philippine Consul in the country where the
decree was obtained

° Mandates that the registration of the Foreign Judicial Decree of Absolute
Dworee in the Civil Registration shall be sufficient for the issuance of marrage
license;

RELATED LAWS:

Articies 13 and 26 of the Family Code of the Philippines