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    FAMILY CODE. Art. 26. Where A Marriage Between A Filipino Citizen and A

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    Francisco T. Del Castillo
    1) A divorce obtained abroad by a foreign spouse that is valid under their national law allows the Filipino spouse to remarry under Philippine law. 2) Philippine courts do not take judicial notice of foreign laws, which must be alleged and proved like any other facts. 3) For a foreign divorce decree to be recognized in the Philippines, the party pleading it must prove the divorce occurred and that it conforms to the allowances under the foreign law that permitted it. Presentation of just the divorce decree alone is insufficient.

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    FAMILY CODE. Art. 26. Where A Marriage Between A Filipino Citizen and A

    Uploaded by

    Francisco T. Del Castillo
    19 views1 page
    1) A divorce obtained abroad by a foreign spouse that is valid under their national law allows the Filipino spouse to remarry under Philippine law. 2) Philippine courts do not take judicial notice of foreign laws, which must be alleged and proved like any other facts. 3) For a foreign divorce decree to be recognized in the Philippines, the party pleading it must prove the divorce occurred and that it conforms to the allowances under the foreign law that permitted it. Presentation of just the divorce decree alone is insufficient.

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    Annulment

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    1) A divorce obtained abroad by a foreign spouse that is valid under their national law allows the Filipino spouse to remarry under Philippine law. 2) Philippine courts do not take judicial notice of foreign laws, which must be alleged and proved like any other facts. 3) For a foreign divorce decree to be recognized in the Philippines, the party pleading it must prove the divorce occurred and that it conforms to the allowances under the foreign law that permitted it. Presentation of just the divorce decree alone is insufficient.

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    Download as docx, pdf, or txt
    19 views1 page

    FAMILY CODE. Art. 26. Where A Marriage Between A Filipino Citizen and A

    Uploaded by

    Francisco T. Del Castillo
    1) A divorce obtained abroad by a foreign spouse that is valid under their national law allows the Filipino spouse to remarry under Philippine law. 2) Philippine courts do not take judicial notice of foreign laws, which must be alleged and proved like any other facts. 3) For a foreign divorce decree to be recognized in the Philippines, the party pleading it must prove the divorce occurred and that it conforms to the allowances under the foreign law that permitted it. Presentation of just the divorce decree alone is insufficient.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
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    FAMILY CODE. Art. 26.

    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.

    Our Philippine courts cannot take judicial notice of foreign laws (Wild
    Valley Shipping Co., Ltd vs CA; GR 119602) Like any other facts, they must be
    alleged and proved.

    A divorce decree obtained abroad by a foreigner may be recognized in the


    Philippines, provided such decree is valid according to the national law of the
    foreigner. However, the divorce decree and the governing national law of the alien
    spouse who obtained the divorce must be proved. x x x Therefore, before a foreign
    divorce decree can be recognized by our Philippine courts, the party pleading it
    must prove the divorce as a fact and demonstrate its conformity to the foreign law
    allowing it. Presentation solely of the divorce decree is insufficient. (Garcia vs
    Recio; GR 138322)

    As noted by the Solicitor General, in Corpuz vs Sto. Tomas, this Court


    declared that the recognition of the foreign divorce decree may be made in a Rule
    108 proceeding itself, as the object of special proceedings, such as Rule 108, is
    precisely to establish the status or right of a party or a particular fact.

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