Bill Type
Long Title
AN ACT AMENDING ARTICLE 26 OF EXECUTIVE ACT NO. 209, OTHERWISE KNOWN AS THE FAMILY CODE, AS AMENDED BY EXECUTIVE ORDER NO. 227
Congress Author
Date filed
September 9, 2003
Scope

Legislative History

House Bill/Resolution NO. House Bill No. 6395, 12th Congress of the Republic
FULL TITLE : AN ACT AMENDING ARTICLE 26 OF EXECUTIVE ACT NO. 209, OTHERWISE KNOWN AS THE FAMILY CODE, AS AMENDED BY EXECUTIVE ORDER NO. 227
ABSTRACT : Article 26 of the Family Code provides that "when 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 the capacity to remarry under Philippine law". The law is unclear whether the same right is granted to a Filipino citizen whose spouse was a Filipino citizen at the time of the celebration of the marriage but subsequently acquired a foreign citizenship at the time or prior to obtaining a valid divorce. This measure seeks to extend the same right granted under Article 26 of the Family Code to a Filipino citizen whose spouse, although originally also a Filipino citizen, subsequently acquires foreign citizenship and obtains a valid divorce.
PRINCIPAL AUTHOR/S : MAZA, LIZA
DATE FILED : 2003-09-09
SIGNIFICANCE: NATIONAL
CO-AUTHORS :
1. Beltran 2. Ocampo
CO-AUTHORS (Journal Entries) :
1. Deduro (041 )
ACTIONS TAKEN BY THE COMMITTEE ON RULES
REFERRAL TO THE COMMITTEE ON REVISION OF LAWS ON 2003-10-06

Abstract

Article 26 of the Family Code provides that "when 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 the capacity to remarry under Philippine law". The law is unclear whether the same right is granted to a Filipino citizen whose spouse was a Filipino citizen at the time of the celebration of the marriage but subsequently acquired a foreign citizenship at the time or prior to obtaining a valid divorce. This measure seeks to extend the same right granted under Article 26 of the Family Code to a Filipino citizen whose spouse, although originally also a Filipino citizen, subsequently acquires foreign citizenship and obtains a valid divorce.

Disclaimer

Note: Legislative history and other information accessed from Congress Legis. Information as of April 20, 2022.