SIXTEENTH CONGRESS ) 95 AUG 2013

REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES \

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House BillNo__2254

EXPLANATORY NOTE

This bill was originally introduced as House Bill No. 4368 by the undersigned Rufus
B. Rodriguez during the 15" Congress where it was approved by the Committee on Revision
of Laws. It was subsequently approved on 2" reading, approved on 3" reading and was.
transmitted to the Senate where it was not acted upon.

In the case of GARCIA-RECIO vs. RECIO (G.R. No. 138322. October 2, 2001), it
was ruled that, "a divorce obtained abroad by an alien may be recognized in our jurisdiction,
provided such decree is valid according to the national law of the foreigner. However, the
divorce decree and the governing personal law of the alien spouse who obtained the divorce
must be proven. Our courts do not take judicial notice of foreign laws and judgments; hence,
like any other facts, both the divorce decree and the national law of the alien must be alleged
and proven according to our law on evidence". Further, it ruled that, "the certificate
mentioned in Article 21 of the Family Code would have been sufficient to establish the legal
capacity of respondent, had he duly presented it in court. A duly authenticated and admitted
certificate is prima facie evidence of legal capacity to marry on the part of the alien applicant
for a marriage license.”

This ruling made it a requirement that a foreign divorce decree be recognized before
it can be enforced by the court in the Philippines, thereby putting to naught the concept of
equity for the Philippine spouse

As such, the Filipino spouse is once again put at a disadvantage considering that the
foreign spouse is already free to remarry. This proposed amendment to'the Family Code will
cure such anomaly,

In view of the foregoing, immediate passage of this bill is earnestly requested.

MAXIMO BY RODRIGUEZ, JR.



SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES,

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No,_ 2291

‘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 Executive Order 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.

SEC 2, Article 26 of Executive Order 209, otherwise known as the Family Code of the
Philippines 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 and a
foreigner is validly celebrated and a JUDICIAL DECREE OF
ABSOLUTE 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. Separability Clause. — If any provision of this Act is declared unconstitutional or
invalid, the other provisions not affected by such declaration shall remain in full force and
effect

SEC 4. Repealing Clause. — Any law, decree, ordinance or administrative order not
consistent with any provision of this Act is hereby declared amended, repealed or modified
accordingly.

SEC 5. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in two (2) newspapers of general circulation,

Approved,