Recognizing the Foreign Decree of Termination of Marriage

Senate 'Difite of the Eccretarp TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES 25 JUL 31 P2:56 First Regular Session SENATE RECEIVED BY S. No. _ Introduced by Senator PIA S. CAYETANO AN ACT RECOGNIZING THE FOREIGN DECREE OF TERMINATION OF MARRIAGE AND ALLOWING ITS SUBSEQUENT REGISTRATION WITH THE PHILIPPINE CIVIL REGISTRY, AMENDING FOR THE PURPOSE EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE "FAMILY CODE OF THE PHILIPPINES" EXPLANATORY NOTE Articles 13 and 26 of Executive Order No. 209, otherwise known as the "Family Code of the Philippines", , provide that a Filipino citizen who marries a foreign spouse is divorced by his/her spouse, he/she may only remarry if the foreign spouse is capacitated to re-marry. This interpretation denies the Filipino citizen equal rights to move forward with their life unless such capacity is proven. This bill seeks to amend the Family Code to recognize a valid foreign decree of termination of marriage obtained by a Filipino citizen and allow its registration with the Philippine civil registry without requiring a separate judicial recognition process. By doing so, it removes the undue burden placed on Filipino spouses who remain bound by a marital tie under Philippine law even after a valid divorce abroad. The undersigned first filed this bill in the 17th Congress, as then Representative of the 2nd District of Taguig City, in pursuit of a more compassionate and efficient legal framework that reflects the realities faced by Filipino citizens in cross-border marriages. Under the current law, the requirement of judicial recognition imposes costly, time-consuming, and emotionally burdensome litigation, merely to confirm a

foreign divorce that has already taken legal effect abroad. This amendment aims to streamline the process, uphold the dignity and autonomy of Filipino citizens, and promote equal access to legal remedies. This proposed amendment aligns our laws with the realities faced by Filipinos abroad, ensuring equal protection and the right to rebuild their lives with dignity. By streamlining the registration of foreign divorces, it addresses a longstanding inequity and offers immediate relief to thousands, especially women, trapped in marriages already dissolved overseas. In view of the foregoing, the immediate passage of the bill and approval of the same are earnestly sought. ià S. Cantano A PIA S. CAYETANC

Senate Offier of the Corretary TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES JUL 31 P2:56 First Regular Session SENATE RECEIVED BY S. No. _ Introduced by Senator PIA S. CAYETANO AN ACT RECOGNIZING THE FOREIGN DECREE OF TERMINATION OF MARRIAGE AND ALLOWING ITS SUBSEQUENT REGISTRATION WITH THE PHILIPPINE CIVIL REGISTRY, AMENDING FOR THE PURPOSE EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE "FAMILY CODE OF THE PHILIPPINES" Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Article 13 of Executive Order No. 209, otherwise known as the

2 "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, or], the judicial decree of annulment or declaration of nullity of [his or her] THE previous marriage[.], OR A FOREIGN DECREE OF TERMINATION OF MARRIAGE DULY AUTHENTICATED BY THE PHILIPPINE EMBASSY OR CONSULAR OFFICE WHERE THE FOREIGN DECREE WAS ISSUED. THE FILIPINO SPOUSE NEED NOT SEEK JUDICIAL RECOGNITION OR ENFORCEMENT OF THE FOREIGN DECREE OF TERMINATION OF MARRIAGE. THE REGISTRATION OF THE DULY- AUTHENTICATED FOREIGN DECREE OF TERMINATION OF MARRIAGE IN THE PHILIPPINE CIVIL REGISTRY SHALL BE SUFFICIENT PROOF OF CAPACITY TO REMARRY."

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 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 [divorce] DECREE OF TERMINATION OF MARRIAGE iS thereafter [validly] obtained abroad by [the alien] EITHER spouse [capacitating him or her to remarry,] AND SUBSEQUENTLY REGISTERED IN THE PHILIPPINE CIVIL REGISTRY AS PROVIDED IN ARTICLE 13 HEREOF, the Filipino spouse shall likewise have capacity to remarry under Philippine law." ARTICLE 412 OF THE CIVIL CODE SHALL NOT APPLY IN RECOGNIZING THE TERMINATION OF MARRIAGES REFERRED HEREIN. ANY AGREEMENT ON THE LIQUIDATION, PARTITION, AND DISTRIBUTION OF THE PROPERTIES OF THE SPOUSES, THE CUSTODY AND SUPPORT OF COMMON CHILDREN, THE DELIVERY OF THEIR PRESUMPTIVE LEGITIMES INCLUDED IN THE DECREE OF TERMINATION OF MARRIAGE SHALL BE RECOGNIZED. IN THE ABSENCE THEREOF, THE PROVISIONS OF THE FAMILY CODE SHALL BE IN FORCE. THE PROVISIONS OF THIS ACT CAN BE AVAILED BY A FILIPINO:

(A) WHO IS MARRIED TO A FOREIGNER, WHOSE MARRIAGE HAS BEEN TERMINATED ABROAD BY EITHER SPOUSE, INCLUDING A FILIPINO WHOSE MARRIAGE HAS BEEN TERMINATED ABROAD PRIOR TO THE EFFECTIVITY OF THIS ACT; (B) WHO HAS BEEN DIVORCED FROM A SPOUSE WHO HAD SUBSEQUENTLY ACQUIRED FOREIGN CITIZENSHIP; AND (C) WHO HAS SUBSEQUENTLY ACQUIRED FOREIGN CITIZENSHIP AND WHO HAS DIVORCED FROM THE FILIPINO SPOUSE ABROAD."

Sec. 3. Separability Clause. - If any portion or provision of this Act is declared

unconstitutional, the remainder of this Act or any provisions not affected thereby shall remain in force and effect.

Sec. 4. Repealing Clause. - Any law, presidential decree or issuance, executive

14 order, letter of instruction, rule or regulation inconsistent with the provisions of this 15 Act is hereby repealed or modified accordingly.

Sec. 5. Effectivity Clause. - This Act shall take effect after fifteen (15) days

following its complete publication in the Official Gazette or a newspaper of general circulation. Approved,