Dear PAO,
Four years ago, my wife went to Norway to work as a nurse. My latest news is that my wife already re-married abroad after obtaining a divorce. Can I already consider our marriage as terminated?
Ariel

Dear Ariel,
The answer to your question of whether your marriage with your wife is already terminated depends on whether she was still a Filipino citizen or already a Norwegian citizen at the time she filed the divorce decree there to have your marriage dissolved. If she was still a Filipino citizen at the time she obtained the divorce decree, the said decree could not be recognized in our country because it violates our laws on marriage, which does not allow absolute divorce.

It is a general rule in the Philippines that absolute divorce is contrary to public policy. In connection with this, Article 17 of the New Civil Code (NCC) 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.” Thus, applying Article 17, an absolute divorce obtained by a Filipino abroad could not be recognized here in the Philippines. Thus, assuming that your wife was still a Filipino when she obtained the divorce decree, her subsequent marriage in Norway would not terminate your existing marriage because under our laws it was not valid for her to enter into such a subsequent marriage. This is because the divorce decree she obtained abroad while still a Filipino citizen could not be recognized here in the Philippines.

Furthermore, Article 15 of the NCC states that “[l]aws 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.” Divorce clearly affects the status and condition of persons and so Article 15 is applicable on the matter of divorce. This means that as long as your wife is still a Filipino, she is still bound to comply with Philippine laws governing marriage.

However, if your wife was already a Norwegian citizen when she obtained or filed the divorce decree abroad, then a divorce decree that would be granted abroad would also be recognized here in the Philippines. The reason for this is that if your wife was already a Norwegian citizen at the time she filed the divorce decree, the laws of Norway would apply, and not anymore Philippine law. Significantly, in the case of Enriquez vda De Catalan vs. Catalan-Lee (G.R. No. 183622, February 8, 2012), the Supreme Court reiterated its previous rulings that “[i]t is true that owing to the nationality principle embodied in Article 15 of the Civil Code, only Philippine nationals are covered by the policy against absolute divorces[,] the same being considered contrary to our concept of public policy and morality. However, aliens may obtain divorces abroad, which may be recognized in the Philippines, provided they are valid according to their national law.” Thus, the important thing to consider if your marriage with your wife can be considered as terminated is to determine if the divorce decree she obtained abroad to terminate your marriage, can be recognized here in the Philippines. According to our laws and jurisprudence, the divorce decree she obtained abroad can be recognized here if she was not anymore a Filipino citizen at the time she instituted it. If it can be recognized here based on our laws, then your marriage with your wife can also be considered terminated.

Note, however, that your marriage with your wife can only be considered as terminated once the divorce decree abroad has already been recognized by our courts. In the case of Corpuz vs. Tirol Sto. Tomas (G.R. No. 186571, August 11, 2010), the Supreme Court clarified that “[t]he starting point in any recognition of a foreign divorce judgment is the acknowledgment that our courts do not take judicial notice of foreign judgments and laws…. [A]s a rule, ‘no sovereign is bound to give effect within its dominion to a judgment rendered by a tribunal of another country.’ This means that the foreign judgment and its authenticity must be proven as facts under our rules on evidence, together with the alien’s applicable national law to show the effect of the judgment on the alien himself or herself. The recognition may be made in an action instituted specifically for the purpose or in another action where a party invokes the foreign decree as an integral aspect of his claim or defense.”

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.