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Asked by robzky - 6 years ago
is it possible to file an adultery case in the philippines even the accused is out of the country or abroad?
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kc5255 Level 38 / Out of the Workforce
Answered 5 years ago
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I am not a lawyer, nothing in this document should be considered legal or professional advice in any jurisdiction.

In the Philippines, divorce is illegal. The only ways out of a marriage are death and annulment. If you come to the US and become a citizen, you can file here...but it will never be recognized in the Philippines.

Philippine law, in general, does not provide for divorce inside the Philippines. The only exception is with respect to muslims. In certain circumstances muslims are allowed to divorce. For those not of the muslim faith, the law only allows annulment. Article 26 of the Family Code of the Philippines does provide that

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.
This would seem to apply only if the spouse obtaining the foreign divorce is an alien. However, the Supreme Court of the Philippines declared in the case of RP vs. Orbecidio

[..] we are unanimous in our holding that Paragraph 2 of Article 26 of the Family Code (E.O. No. 209, as amended by E.O. No. 227), should be interpreted to allow a Filipino citizen, who has been divorced by a spouse who had acquired foreign citizenship and remarried, also to remarry.
Complications can arise, however. For example, if a legally married Filipino citizen obtains a divorce outside of the Philippines, that divorce would not be recognized inside the Philippines. If that person (now unmarried outside of the Philippines) then remarries outside of the Philippines, he or she could arguably be considered in the Philippines as having committed the crime of Bigamy under Philippine Laws]. The above complications will not arise if the legally married Filipino citizen obtains foreign citizenship first, then secures a foreign divorce decree.

Also, Article 15 of the Civil Code of the Philippines provides that

Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.
This can lead to complications regarding distribution of conjugal property, inheritance rights, etc. , etc.

Moreover, Article 26, par.2 may have raised some problems than it solves. A number of questions can be raised with respect to the operation of this provision, to wit:

1. Is there a need for a judicial decree in Philippine courts to declare the Filipino spouse qualified to remarry? The Family Code has no explicit provision to that effect, unlike in cases of void marriages and of a remarriage in case of absence of one of the spouses amounting to presumptive death (Art. 40 and 41, Family Code) where a court decree is required.

2. Is Art. 26, par. 2 applicable to foreign divorces obtained before the effectivity of the Family Code in view of Art. 256?

3. What if the Filipino spouse does not intend to remarry, what is the status of any children they may have after the divorce decree? Does the Filipino spouse have a right to demand support from his/her former alien spouse? What is his/her status with respect to his/her former foreign spouse? Can he/she claim share of property or income acquired by the former foreign spouse.
http://en.wikipedia.org/wiki/Law_and_div...

The Philippines Family Code

Article 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), 3637 and 38. (17a)

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)

Chapter 3. Void and Voidable Marriages

Article 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage:

That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;
That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;
That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;
That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;
That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or
That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. (85a)

TITLE II. LEGAL SEPARATION

Article 55. A petition for legal separation may be filed on any of the following grounds:

Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;
Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;
Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;
Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;
Drug addiction or habitual alcoholism of the respondent;
Lesbianism or homosexuality of the respondent;
Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;
Sexual infidelity or perversion;
Attempt by the respondent against the life of the petitioner; or
Abandonment of petitioner by respondent without justifiable cause for more than one year.
For purposes of this Article, the term "child" shall include a child by nature or by adoption. (9a)
Article 56. The petition for legal separation shall be denied on any of the following grounds:

Where the aggrieved party has condoned the offense or act complained of;
Where the aggrieved party has consented to the commission of the offense or act complained of;
Where there is connivance between the parties in the commission of the offense or act constituting the ground for legal separation;
Where both parties have given ground for legal separation;
Where there is collusion between the parties to obtain decree of legal separation; or
Where the action is barred by prescription. (100a)
Additional Details added 5 years ago
Article 56. The petition for legal separation shall be denied on any of the following grounds:

Where the aggrieved party has condoned the offense or act complained of;
Where the aggrieved party has consented to the commission of the offense or act complained of;
Where there is connivance between the parties in the commission of the offense or act constituting the ground for legal separation;
Where both parties have given ground for legal separation;
Where there is collusion between the parties to obtain decree of legal separation; or
Where the action is barred by prescription. (100a)
Article 63. The decree of legal separation shall have the following effects:

The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed;
The absolute community or the conjugal partnership shall be dissolved and liquidated but the offending spouse shall have no right to any share of the net profits earned by the absolute community or the conjugal partnership, which shall be forfeited in accordance with the provisions of Article 43(2);
The custody of the minor children shall be awarded to the innocent spouse, subject to the provisions of Article 213 of this Code; and
The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. Moreover, provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law. (106a)
Additional Details added 5 years ago
Article 64. After the finality of the decree of legal separation, the innocent spouse may revoke the donations made by him or by her in favor of the offending spouse, as well as the designation of the latter as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable. The revocation of the donations shall be recorded in the registries of property in the places where the properties are located. Alienations, liens and encumbrances registered in good faith before the recording of the complaint for revocation in the registries of property shall be respected. The revocation of or change in the designation of the insurance beneficiary shall take effect upon written notification thereof to the insured.

The action to revoke the donation under this Article must be brought within five years from the time the decree of legal separation become final. (107a)
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