Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City 14AuG 2013
SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2430

Introduced by ATTY. MAGTANGGOL T. GUNIGUNDO I

EXPLANATORY NOTE

‘The primordial aim of this bill is to place an equal footing a Filipino and alien
spouse in the procedure of recognizing a divorce decree obtained abroad by the alien
spouse. ‘This bill is originally HB 4368 filed in the 15" Congress.

‘The Supreme Court ruling in GARCIA - RECIO vs. RECIO (G.R. No.
138322 October 2, 2001) made it a requirement that a divorce decree obtained abroad
must first be presented in a Philippine court before it can be recognized for purposes
of te-marriage of the Filipino spouse. This procedure puts an added burden on the
Filipino who is forced to engage the services of a lawyer, pay filing fees and wait for a
long period of time before he/she can apply for a new marriage license to re-marry.
Meanwhile, the foreign spouse does not face this predicament and can e-matry
without the need of going through judicial proceedings.

‘This proposed amendment to Art. 13 of the Family Code will cure such
anomaly, ‘The Filipino spouse will be required to submit a duly authenticated copy by
the Philippine Consul in the country where the decree was obtained of the Judicial
Decree of Absolute Divorce. ‘The State would now recognize a 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. This would now be
presented for registration with the Foreign Judicial Decree of Absolute Divorce in the
Local Civil Registry Office which will be sufficient for the issuance of marriage license
to the Filipino spouse who desires to contract another marriage.

In view of this, immediate passage of this bill is earnestly sought.

ATTY. MAGTANGGO! INIGUNDO I


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.

Introduced by AYTY. MAGTANGGOL T. GUNIGUNDO I

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.

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

SECTION 1. Article 13 of Fxccutive Order 209, otherwise known as the
Family Code of the Philippines is hereby amended to read 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 divorcee 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 af bice 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 seting
forth this cireumstance and his or her actual civil status and the name and date of
death of deceased sponse,”


Section 2. Implementing Rules and Regulations. ~The Supreme Court
Administrator, the Association of RTC/MCTC/MTC judges and the Civil Registrar
General shall promulgate such rules and regulations necessary within sixty (60) days
after its effectivity to implement this Act.

Section 3. Separability Clause. — lf any of the provisions of this Act is
declared unconstitutional, the other provisions shall remain valid.

Section 4. Repealing Clause. — All laws, decrees, executive orders, rules
and regulations, or parts thercof, inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

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

Approved,