EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES }
‘Second Regular Session

= TIME:
ME:
¥

HOUSE OF REPRESENTATIVES Kes

Introduced by Representative Rufus B. Rodriquez

House Bill No. 8742
EXPLANATORY NOTE

Article 13 of the Family Code of the Philippines provides:

“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 previous marriage.

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.”

Article 26 of the Family Code of the Philippines provides:
“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), 3637 and 38
Where 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.”

In the case of Racho vs Tanaka (G.R. No. 199515, June 25, 2018), the Supreme Court ruled
that, “Thus, Article 26 should be interpreted to mean that itis irrelevant for courts to determine
if itis the foreign spouse that procures the divorce abroad. Once a divorce decree is issued,
the divorce becomes "validly obtained" and capacitates the foreign spouse to marry. The same
status should be given to the Filipino spouse.” “It would be inherently unjust for a Filipino
woman to be prohibited by her own national laws from something that a foreign law may allow.
Parenthetically, the prohibition on Filipinos from participating in divorce proceedings will not
be protecting our own nationals.” And that, “Recent jurisprudence, therefore, holds that a
foreign divorce may be recognized in this jurisdiction as long as it is validly obtained,
regardless of who among the spouses initiated the divorce proceedings’.

It is therefore clear that once a divorce or any form of dissolution of marriage is obtained
abroad, the Filipino spouse should be allowed to remarry. This bill makes it easier for the
Filipino spouse to remarry with out having to go thru a long judicial process.

In view of the foregoing, immediate approval of this measure is earnestly requested.

RUFUS B. ROI jUEZ

fee? RESEN

” RECEIVED 2h
DATE:FEB 16

3: »
BY: fol J


EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez

House Bilt No. 8742

AN ACT
ALLOWING THE FOREIGN DECREE OF DISSOLUTION OF MARRIAGE TO BE
REGISTERED WITH THE PHILIPPINE CIVIL REGISTRY EVEN IN THE ABSENCE OF A
JUDICIAL RECOGNITION TO THAT EFFECT, 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. 209, otherwise known as the Family Code of the
Philippines, is hereby amended 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 annuiment 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.

Section 2. Article 26 of Executive Order No. 209 is hereby 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), (6) 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
HEREIN.

ANY AGREEMENT ON 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 A
FILIPINO:

‘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

©. WHO HAS SUBSEQUENTLY ACQUIRED FOREIGN
CITIZENSHIP AND WHO HAS DIVORCED FROM THE FILIPINO
SPOUSE ABROAD."

Section 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

Section 4. Repealing Clause. — All other laws. decrees, executive orders, rules and
regulations or parts thereof contrary to or inconsistent with the provisions of this Act are hereby

repealed or modified accordingly.

Section 5. Effectivity Clause. — This Act shall take effect fifteen (15) days from its publication
in the Official Gazette or in at least two (2) national newspapers of general circulation.

Approved,