charlwill
20th February 2009, 01:16
A divorce obtained by a Filipino in another country, like the USA for example, is not recognized here in the Philippines. In several decisions, Supreme Court has ruled that a Filipino who obtains a divorce abroad and gets married in the Philippines, is liable for bigamy.
In People v. Schneckenburger, the Court held that the accused who secured a foreign divorce, and later remarried in the Philippines, in the belief that the foreign divorce was valid, is liable for bigamy.
The Court, in People v. Bitdu, carefully distinguished between a mistake of fact, which could be a basis for the defense of good faith in a bigamy case, from a mistake of law, which does not excuse a person, even a lay person, from liability. Bitdu held that even if the accused, who had obtained a divorce under the Mohammedan custom, honestly believed that in contracting her second marriage she was not committing any violation of the law, and that she had no criminal intent, the same does not justify her act.
The Supreme Court further stated therein that with respect to the contention that the accused acted in good faith in contracting the second marriage, believing that she had been validly divorced from her first husband, it is sufficient to say that everyone is presumed to know the law, and the fact that one does not know that his act constitutes a violation of the law does not exempt him from the consequences thereof.
When the divorce is obtained by an alien spouse against a Filipino
The second paragraph of Article 26 of the Family Code states, to wit, “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. (As amended by Executive Order 227”)
We must make a distinction here. In the case of a Filipino married to an alien spouse, if he or she initiates or files the divorce action, the subsequent divorce will not be recognized here in the Philippines. If he or she gets married here again, he or she will be liable for bigamy.
However, if it is the alien spouse who initiates or files the divorce action, Article 26 of the Family Code will apply. The divorce is recognized here in the Philippines, and if the said divorce allows the former alien spouse to remarry, the Filipino will also have the right to remarry under Philippine law.
In People v. Schneckenburger, the Court held that the accused who secured a foreign divorce, and later remarried in the Philippines, in the belief that the foreign divorce was valid, is liable for bigamy.
The Court, in People v. Bitdu, carefully distinguished between a mistake of fact, which could be a basis for the defense of good faith in a bigamy case, from a mistake of law, which does not excuse a person, even a lay person, from liability. Bitdu held that even if the accused, who had obtained a divorce under the Mohammedan custom, honestly believed that in contracting her second marriage she was not committing any violation of the law, and that she had no criminal intent, the same does not justify her act.
The Supreme Court further stated therein that with respect to the contention that the accused acted in good faith in contracting the second marriage, believing that she had been validly divorced from her first husband, it is sufficient to say that everyone is presumed to know the law, and the fact that one does not know that his act constitutes a violation of the law does not exempt him from the consequences thereof.
When the divorce is obtained by an alien spouse against a Filipino
The second paragraph of Article 26 of the Family Code states, to wit, “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. (As amended by Executive Order 227”)
We must make a distinction here. In the case of a Filipino married to an alien spouse, if he or she initiates or files the divorce action, the subsequent divorce will not be recognized here in the Philippines. If he or she gets married here again, he or she will be liable for bigamy.
However, if it is the alien spouse who initiates or files the divorce action, Article 26 of the Family Code will apply. The divorce is recognized here in the Philippines, and if the said divorce allows the former alien spouse to remarry, the Filipino will also have the right to remarry under Philippine law.