TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SENATE
s. No. 779
Senate
of lije fercrftnrp
25 JUL 31 P2 56
RECtiViiOm-
Introduced by Senator PIA S. CAYETANO
AN ACT
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
Articles 13 and 26 of Executive Order No. 209, otherwise known as the "Family 
Code of the Philippines", provide that a Filipino citizen who marries a foreign spouse 
is divorced by his/her spouse, he/she may only remarry if the foreign spouse is 
capacitated to re-marry. This interpretation denies the Filipino citizen equal rights to 
move forward with their life unless such capacity is proven.
This bill seeks to amend the Family Code to recognize a valid foreign decree of 
termination of marriage obtained by a Filipino citizen and allow its registration with 
the Philippine civil registry without requiring a separate judicial recognition process. 
By doing so, it removes the undue burden placed on Filipino spouses who remain 
bound by a marital tie under Philippine law even after a valid divorce abroad.
The undersigned first filed this bill in the 17th Congress, as then Representative 
of the 2nd District of Taguig City, in pursuit of a more compassionate and efficient 
legal framework that reflects the realities faced by Filipino citizens in cross-border 
marriages. Under the current law, the requirement of judicial recognition imposes 
costly, time-consuming, and emotionally burdensome litigation, merely to confirm a


foreign divorce that has already taken legal effect abroad. This amendment aims to 
streamline the process, uphold the dignity and autonomy of Filipino citizens, and 
promote equal access to legal remedies.
This proposed amendment aligns our laws with the realities faced by Filipinos 
abroad, ensuring equal protection and the right to rebuild their lives with dignity. By 
streamlining the registration of foreign divorces, it addresses a longstanding inequity 
and offers immediate relief to thousands, especially women, trapped in marriages 
already dissolved overseas.
In view of the foregoing, the immediate passage of the bill and approval of the 
same are earnestly sought.
PIA S. CAYtTANO


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Senate
TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SENATE
s. No. 779
of tiK g:i''nrlaij>
25 JUL31 P2S6
RF.CEiVEO 8V
Introduced by Senator PIA S. CAYETANO
AN ACT
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 Phiiippines in 
Congress assembied:
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Section 1. Article 13 of Executive Order No. 209, otherwise known as the
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"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."


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In case the death certificate cannot be secured, the party shall make an
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affidavit setting forth this circumstance and [his or her] actual civil status and the
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name and date of death of the deceased spouse.
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Sec. 2. Article 26 of the Family Code of the Philippines is hereby amended to
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read as follows:
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"Art. 26. All marriages solemnized outside the Philippines, in accordance
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with the laws in force in the country where they were solemnized, and valid
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there as such, shall also be valid in this country, except those prohibited under
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Articles 35 (1), (4), (5) and (6), 36, 37 and 38.
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Where a marriage between a Filipino citizen and a foreigner is [validly]
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celebrated and a [divorce] DECREE OF TERMINATION OF MARRIAGE is
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thereafter [validly] obtained abroad by [the alien] EITHER spouse
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[capacitating him or her to remarry,] AND SUBSEQUENTLY REGISTERED
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IN THE PHILIPPINE CIVIL REGISTRY AS PROVIDED IN ARTICLE 13
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HEREOF, the Filipino spouse shall likewise have capacity to remarry under
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Philippine law."
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ARTICLE 412 OF THE CIVIL CODE SHALL NOT APPLY IN
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RECOGNIZING 
THE TERMINATION 
OF MARRIAGES REFERRED
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HEREIN.
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ANY AGREEMENT ON THE LIQUIDATION, PARTITION, AND
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DISTRIBUTION OF THE PROPERTIES OF THE SPOUSES, THE CUSTODY
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AND SUPPORT OF COMMON CHILDREN, THE DELIVERY OF THEIR
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PRESUMPTIVE 
LEGITIMES INCLUDED 
IN 
THE DECREE 
OF
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TERMINATION OF MARRIAGE SHALL BE RECOGNIZED. IN THE
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ABSENCE THEREOF, THE PROVISIONS OF THE FAMILY CODE SHALL
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BE IN FORCE.
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THE PROVISIONS OF THIS ACT CAN BE AVAILED BY A
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FILIPINO:


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(A) WHO IS MARRIED TO A FOREIGNER, WHOSE MARRIAGE
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HAS BEEN TERMINATED ABROAD BY EITHER SPOUSE, INCLUDING A
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FILIPINO WHOSE MARRIAGE HAS BEEN TERMINATED ABROAD
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PRIOR TO THE EFFECTIVITY OF THIS ACT;
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(B) WHO HAS BEEN DIVORCED FROM A SPOUSE WHO HAD
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SUBSEQUENTLY ACQUIRED FOREIGN CITIZENSHIP; AND
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(C) WHO HAS SUBSEQUENTLY ACQUIRED FOREIGN
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CITIZENSHIP AND WHO 
HAS DIVORCED 
FROM THE FILIPINO
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SPOUSE ABROAD."
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Sec. 3. Separability Clause. -If any portion or provision of this Act is declared
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unconstitutional, the remainder of this Act or any provisions not affected thereby shall
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remain in force and effect.
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Sec. 4. Repealing Clause. - Any law, presidential decree or issuance, executive
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order, letter of instruction, rule or regulation inconsistent with the provisions of this
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Act is hereby repealed or modified accordingly.
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Sec. 5. Effectivity Clause. - This Act shall take effect after fifteen (15) days
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following its complete publication in the Official Gazette or a newspaper of general
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circulation.
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Approved,