Tag Archives: Civil Code of the Philippines

Family Code of the Philippines

So what is the alternative to Divorce in the Philippines?

Divorce in the Philippines

Divorce in the Philippines

In August 3, 1988, the Family Code of the Philippines took effect under the presidency of Cory Aquino. The most salient and revolutionary feature of this law is Article 36 which allows marriages to be declared void based on psychological incapacity.

Art. 36. A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization. (As amended by Executive Order 227)
At first glance, one would consider it ironic that it took a convent-educated and devout Catholic president to finally pass a divorce law in the Philippines. Many sectors had clamored for Congress to pass a divorce law but those efforts were always blocked by the Catholic Church. In truth, however, Article 36 was a victory for the Church because it is based on Canon law which states:
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Divorcing in the Philippines

Every month we receive six or seven requests for divorces that do not progress past the initial inquiry.

Mainly these requests come from Filipinas who are stuck in an unhappy or unworkable marriage and are desperately seeking a way out.

Their husbands are not working and cannot feed or clothe their family and most domestic tasks are left to the woman.   These women barely scrape through each day to feed the children and sort of exist in a form of total exhaustion.

Although the husband does not have a regular income he does seem to find money for alcohol, gambling, cigarettes and often another woman.

Many of these women have been subjected to quite brutal beatings from their spouses but are reluctant to call the police in fear of reprisals from her husband’s family.  Each drunken attack on the woman leaves her in fear of another unwanted pregnancy.

On the other hand we receive many inquiries from foreigners who have met a beautiful Filipina but he discovers she is already married.  Often these girls have been abandoned by their boyfriends or husbands and left to fend for themselves.

Suddenly a foreigner comes along and a caring relationship is formed.   As love blossoms and they meet for a month or so they both decide they begin making plans for their future together.

The issue now becomes one of “is she free to marry”?  Often the answer is that she is not free to marry.

After discussions with many people including lawyers, they learn the only way to break that marriage is through an Annulment.

So they start to talk with a lawyer.  They are soon shocked and dismayed to learn that an annulment is expensive (350,000 plus) and might take several years to reach a conclusion.  If the lawyer is really honest he will tell them that not all annulments are granted and some end in failure.

Then they have to go through the worry of making such a big decision.  The girl is usually willing to start the annulment process as it will give her the opportunity to become free and possibly marry the foreigner which might lead to her being able to begin a new life in another country.

Sometimes they are forced to make the decision to reject the annulment way simply because of the high cost and length of time involved.  Then suddenly two people have had their hopes and plans destroyed and are left wondering what to do.

So if you are reading this and some parts of it sound familiar to your own experiences take heart because there is another and much easier way!

This other way is much quicker and cheaper and is guaranteed to result in the woman becoming free to marry the love of her life.

Just go to  http://www.divorceinthephilippines.info/and learn how we can change your life…legally and quickly.

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Divorcing outside the Philippines may not be the answer

Contrary to what most people think, a divorce in the Philippines CAN be obtained and we are able to steer you through the whole process, saving you a considerable amount of time and money – GUARANTEED. ALSO … we can facilitate a divorce from anywhere in the Philippines and even from overseas.

Divorce in the Philippines

As a general rule, a divorce obtained abroad between two Filipino citizens is not valid or recognized in the Philippines. This is due to Article 15 of the Civil Code of the Philippines, which states 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”. Moreover, Paragraph 3 of Article 17 of the same Code states that “prohibitive laws concerning persons, their acts or property, and those which have for their object public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country”.

The only exception is found in Article 26 of the Family Code of the Philippines, which states 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.”

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