Navigating complex relationships and legal challenges can be daunting, particularly in the Philippines, where laws surrounding marriage, divorce, and family matters are uniquely structured.
In the latest episode of Baguio Chronicle’s legal podcast The Law Will Get You Through, Attorney Emily Balungay and Manang Lucy explored some of the most pressing questions and concerns surrounding divorce, mixed marriages, same-sex unions, and breach of promise to marry.
Here’s a comprehensive look at the key points discussed in the podcast.
Divorce in the Philippines—what’s the current legal status?
The Philippines remains one of only two countries in the world where divorce is not legally permitted, despite ongoing proposals in Congress. Filipino citizens are governed by Article 15 of the Civil Code, which adheres to the nationality principle or rule. This means that family rights, marital duties, and status remain governed by Philippine law, no matter where a Filipino resides.
For instance, a married Filipino living in the U.S. or Japan, where divorce is legal, cannot dissolve their marriage through foreign divorce laws because Philippine laws still apply.
Exceptions in mixed marriages
However, there’s an important exception for mixed marriages, where one spouse is a foreigner. Under Article 26, Paragraph 2 of the Family Code, if the foreign spouse legally obtains a divorce abroad, the Filipino spouse is also granted the capacity to remarry under Philippine law.
This provision seeks to prevent unfair situations. For example, if a foreign spouse remarries after obtaining a divorce abroad, it would be unjust to deny the Filipino spouse the same right.
When both spouses are Filipinos
In marriages where both spouses are Filipino citizens, the rules become more complicated. Historically, divorce obtained by a Filipino abroad was not recognized in the Philippines, leaving the spouse in the country unable to remarry.
This changed with significant rulings:
- Orbecido v. Republic (2005): If a Filipino spouse becomes a naturalized citizen abroad and divorces their Filipino spouse, the latter is allowed to remarry.
- Manalo v. Republic (2018): The Supreme Court emphasized that laws must align with the constitutional principle of equal protection. This ruling allowed a Filipino spouse left behind to remarry, even if the divorce was initiated by another Filipino who had naturalized abroad.
These decisions aim to address absurd situations where one spouse moves on, while the other remains legally tied to the marriage.
Divorce decrees and financial obligations
Foreign divorce decrees can include provisions for alimony or child support.
For these to be recognized in the Philippines, the Filipino spouse must file a case in court and present evidence of the foreign law under which the divorce was granted. Obligations such as child support typically carry over, ensuring that financial responsibilities are met regardless of jurisdiction.
Children born out of wedlock—can they be legitimized?
Children born before a legal marriage are generally considered illegitimate. Atty. Balungay clarified that even if a Filipino spouse remarries after obtaining a divorce decree abroad, children conceived during the previous marriage cannot be legitimized retroactively.
Legitimation is only possible if the parents had no legal impediments at the time of the child’s conception. This highlights the importance of addressing marital issues legally—through annulment or legal separation—before entering into new relationships.
Child support—rights of children born out of marriage
Children, regardless of their parents’ marital status, have the right to financial support. Under Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004), failure to provide support can be considered economic or child abuse.
Parents are legally and morally obligated to provide for their children, with no prescriptive period for claiming support. This means that a parent can demand financial assistance at any time, especially for crucial expenses like education.
Same-sex marriage—why is it not recognized in the Philippines?
Same-sex marriage remains prohibited under Philippine law. Article 1 of the Family Code defines marriage as a union exclusively between a man and a woman. Additionally, Article 2 requires the contracting parties to be of opposite sexes for a marriage to be valid.
Although same-sex unions are recognized in many countries, the Philippine legal framework currently does not accommodate such relationships. This often leaves LGBTQ+ couples without the rights and protections afforded to heterosexual married couples.
Breach of promise to marry—is it an actionable wrong?
A particularly contentious issue discussed in the podcast was the breach of promise to marry. Generally, such promises are not actionable in Philippine courts, even if a woman claims emotional or physical harm.
However, there are exceptions:
- Deceit: If a man deceives a woman into a relationship under false pretenses, he may be held liable. For example, in the Pe v. Pe case, a married man was found liable for damages after deceiving a woman into believing he was single.
- Public Embarrassment and Financial Loss: In Wassmer v. Velez, the man abandoned the wedding plans just two days before the ceremony, causing significant emotional and financial harm. The Supreme Court ruled in favor of the woman, awarding damages.
These cases underscore the need for accountability when one party’s actions cause undue harm.
Practical advice for resolving marital issues
Atty. Balungay offers some practical advice for those involved in complex marital and family situations.
- Legal Remedies First: If a marriage is irreparable, seeking an annulment or legal separation is essential. These legal processes formalize the separation, so that subsequent relationships are lawful.
- Avoid Complications: Entering a second relationship while still legally married often creates complications, especially for children. Addressing legal impediments first can help prevent emotional and legal challenges.
Changing laws and realities
The discussion highlights how Philippine laws are gradually evolving to address modern realities, especially with more Filipinos living and working abroad. As Atty. Balungay noted, these changes reflect the need to adapt laws to ensure fairness and equal protection under the Constitution.
With future legislative changes potentially on the horizon, understanding the current legal landscape is critical to be able to navigate marriage, separation, and family issues.
Catch more insightful discussions on The Law Will Get You Through every third Saturday of the month at 9pm to stay informed about the laws that shape our lives.
Disclaimer: The content above is for informational purposes only and does not constitute legal advice. Always consult a licensed attorney for specific legal concerns.
