House OKs bill on divorce obtained abroad | BusinessWorld Online Edition

House OKs bill on divorce obtained abroad | BusinessWorld Online Edition

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THE HOUSE of Representatives approved on third and final reading a bill seeking to recognize divorce obtained by a foreigner abroad even without judicial recognition.

House Bill (HB) no. 4368 "seeks to amend Executive Order 209, otherwise known as the Family Code of the Philippines by harmonizing with recent rulings of the Supreme Court of the Philippines on divorce obtained by the alien spouse in another country," a press statement release on Thursday read. 

"This measure seeks to recognize 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," Cagayan de Oro Representative Rufus B. Rodriguez (2nd district) was quoted as saying the press release. It amends Article 13 of the Family Code.

"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," the HB read.

A Supreme Court ruling in the case of Garcia-Recio vs Recio on October 2, 2001 was cited by Mr. Rodriguez "which states 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."

A similar measure, Senate Bill (SB) no. 1052, was approved by the Senate on third and final reading last year. It amends Article 26 of the Family Code.

"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," SB 1052 read.

"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, the Filipino spouse shall have capacity to remarry under Philippine law," it added. -- KMPT
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