"Marriage Querries in the Philippines"

Q. What is the rule on marriage solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized? What are the exceptions?

A. Art. 26 of the Family code provides that 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 ( the rule of lex loci celebrationis).

The exceptions are the following:

1. If either or both parties did not have he legal capacity to get married.

2. The marriage is immoral being bigamous or ploygamous.

3.Consent of one party is lacking because of mistake as to identity of the other.

4. Those subsequent marriages that are void under Art.53 of the FC.

5. One of the parties was psychologically incapacitated at the time of the marriage to comply with the essential marital obligations.

6. The marriage is incestous

7.The marriage is void by reason of public policy

Q. 1)What is the effect of divorce obtained abroad by an Alien spouse from his or her Filipino spouse?

A. Under art 26, (Second paragraph) of the FC, where a Filipino is married to a foreigner who thereafter obtained a valid divorce abroad capacitating him or her to remarry, The filipino spouse shall likewise have the capacity to remarry under Philippine law. (As amended by E.O. No. 227.)