ABC Law Office
‘Cebu City
26 September 2016
Mrs, Maria Rosas-Doe
Fishers Island
New York
Re: Possible divorce proceedings between Filipina and American husband
Dear Mrs. Doe,
This is the legal opinion pertaining to the implication of you or your husband
obtaining a possible divorce in the United States which you have requested
‘The following are the facts presented as per our discussion. You and your
husband Mr, John Doe were married in the United States and have lived
together for ten (10) years. Your relationship has deteriorated and now, you
‘are considering on a possible divorce in the United States,
As far as Philippine law is concemed, as a general rule, absolute divorce
obtained by a Filipino spouse abroad 's not recognized as valid here because
we adhere to the nationality theory under Article 15 of the Civil Code." When
it pertains to farrily rights and duties, status, conditions and legal capacity,
8 a Filipino, you are governed by your national laws wherever you may go.
This is true even if your spouse, Mr, Doe, is not a Filipino.
If the divorce was obtained by your American husband, capacitating him to
remarry, the same may be recognized as valid in the Philippines as well,
capacitating you to remarry. It is provided in par 2, Art, 26 of the Family
Code:
Where a mariage 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. (As amended by
Executive Order 227)
However, for the foregoing rule to apply, it is important that it is your
husband who has filed the divorce and that after it is granted, he must be
capacitated to remarry again according to his national law After it is granted,
you may have the divorce recognized by filing a petition of recognition of
1 Monteclar, Dean Alex. Compendium On The Law On Persons And Family Relations. Manila
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