House okays Family Code amendment

MANILA, Philippines - A bill seeking to allow a Filipino to contract a subsequent marriage in cases where the alien spouse validly obtains divorce abroad has been approved on third and final reading at the House of Representatives.

Pangasinan Rep. Marlyn Primicias-Agabas, House committee on revision of laws chairman, said: “The objective of this amendment is to put Filipino and alien spouses on equal footing and prevent unintentional discrimination.”

House Bill 4368 authored by Cagayan de Oro Rep. Rufus Rodriguez aims to amend Executive Order 209 to harmonize the Family Code of the Philippines with recent Supreme Court (SC) rulings.

Rodriguez said the SC ruled on Oct. 2, 2001 that a foreign divorce decree must be recognized before being enforced by a court in the Philippines.

“This measure seeks to recognize divorce obtained by the alien spouse in another country without the need to seek judicial recognition or enforcement of the foreign judicial decree of absolute divorce,” he said.

The bill would require the parties to furnish a copy to the civil registry of the judicial decree of absolute divorce that the alien spouse had obtained.

The judicial decree would have to be duly authenticated by the Philippine consul in the country where it was obtained.

The registration of the foreign judicial decree of absolute divorce in the Civil Registry would be sufficient for the issuance of a marriage license.

Co-authors of the bill are Representatives Maximo Rodriguez Jr. of Abante Mindanao, Augusto Syjuco of Iloilo, Jeci Lapus of Tarlac and Catalina Bagasina of ALE.