SEVENTEENTH CONGRESS
CONGRESS OF THE PHILIPPINES
Second Regular Session
HOUSE OF REPRESENTATIVES

46

6
House Bill No.

Introduced by REPRESENTATIVE PIA S. CAYETANO.

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,

This bill seeks to eliminate this undue prejudice against our own citizens by
eliminating the need for judicial recognition and enforcement and 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.

During the hearing of the Senate Committee on Children, Women, Family Relations,
and Gender Equality in the 16" Congress on this bill, which the undersigned has
chaired, the Philippine Commission on Women argued that this measure is a tool for
women empowerment as it will primarily benefit Filipinas. Citing statistics from the
Commission on Filipino Overseas, they reported that 91 per cent of spouses of
foreign nationals are women. In the same hearing, the Philippine Statistics Authority
manifested its support for the passage of this bill noting that this will solve the
problem of many Filipinas who, under our law are still considered married to their
alien husbands even after the latter have already filed a divorce under their own law
and perhaps, have already re-married.

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

lice

2” District, City of Taguig


SEVENTEENTH CONGRESS
CONGRESS OF THE PHILIPPINES
Second Regular Session
HOUSE OF REPRESENTATIVES.

6446

House Bill No.

Introduced by REPRESENTATIVE PIA S. CAYETANO

AN ACT
RECOGNIZING THE CAPACITY OF THE FILIPINO SPOUSE TO REMARRY
WHEN THE ALIEN SPOUSE HAS OBTAINED A FOREIGN JUDICIAL
DECREE OF ABSOLUTE DIVORCE, AMENDING FOR THE PURPOSE
EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE FAMILY CODE
OF THE PHILIPPINES

8e it enacted by the Senate and the 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 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 OBTAINED BY 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
DECREE OF ABSOLUTE DIVORCE AND ITS REGISTRATION BY
THE CIVIL REGISTRAR SHALL BE SUFFICIENT FOR THE
ISSUANCE OF A MARRIAGE LICENSE.

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.


ne

Noauew

2o

10
abe

12
13
14

15
16

SEC. 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,

those prohibited under Articles 35 (1), (4), (5) and (6), 36, 37
and 38,. (17a)

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.

SEC. 3, Repealing Clause. - All laws, orders, decrees, rules and regulations, and
other parts thereof inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.

SEC. 4. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) national newspapers of general circulation.

Approved,