Republic of the Uhilippines
House of Representatives

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No._548?

Introduced by Rep. Luisa Lloren Cuaresma
Lone District of Nueva Vizcaya

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

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. In addition, the law
requires the Filipino spouse to first seek a judicial recognition for the enforcement of the foreign decree
of dissolution of marriage obtained by the foreign spouse.

While the aforesaid provisions allow the Filipino spouse to re-marry, his or her capacity to do
so is still conditioned to the issuance of a judicial order acknowledging the foreign judgment of the
dissolution of marriage. Thus, there is still a need for the Filipino spouse to undergo the tedious,
expensive and time-consuming process of filing a petition before the court before he or she could re-
mary.

It was noted by the Philippine Statistics Authority that NINETY ONE PERCENT (91%) of the
spouses of foreign nationals are women, and that most of them are still considered to have been validly
married with their foreign spouses notwithstanding the fact that a foreign decree of dissolution of
marriage was already issued because of their failure to obtain a judicial order for its enforcement.

This bill, which was passed on third reading in the House of Representatives but failed to pass
in the Senate during the 17" 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 and the subsequent
registration of the decree by the civil registrar without the need for judicial recognition or enforcement.

Tt is for these reasons that the urgent passage of the bill is recommended.

Yee Sate Skee


Republic of the Philippines
House of Representatives

EIGHTEENTH CONGRESS
First Regular Session

5487
HOUSE BILL NO. :

Introduced by Rep. Luisa Lloren Cuaresma
Lone District of Nueva Vizcaya

AN ACT
ALLOWING THE FOREIGN DECREE OF DISSOLUTION OF MARRIAGE TOBE
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 annulment or

declaration of nullity of [his or her] THE previous marriage[.], OR A FOREIGN
JF MARRIAGE D!

DECREE OF TERMINATION OF CATED
HILIP! 4 ICE
FORE! DE W: iD.
FIL! iO SI |E NE] K NITION
OF ‘OREIGN DI OF [ON
THE G} TON THE DULY-; A
FOI DE FF ‘TION OF IN
PI PI ity SI BE PR OF
CAP. TO ow

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),
(5) and (6), 36, 37 and 38.

Where a marriage between a Filipino citizen aad» Srcigner is Lyall)
celebrated and a [divorce] F

thereafter [validly] obtained abroad by ee alien] EITHER a Tcpectating Fa
or her to remarry.) AND

PHILIPP! VAS PRON ED IN ARTICLE pF,
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 effect.

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 eae
in the Official Gazette or in at least two (2) national newspapers of general circulati

Annraved