Torres-Castro, lee & reno Unit 700 Strata 2000, Ortigas Center, Pasig C ity 8009945;
[email protected]
December 6, 2010 Zachary Santiago 1505 10th Street Santa Monica, CA 90401 USA Sir, This refers to your request for opinion opinion on the matter of the legality of your divorce and subsequent marriage celebrated in the United States. Including its consequences and ramifications The client – Zachary Santiago, Santiago, a Filipino, Filipino, got married to Elizabeth Santiago, who is also a Filipino, in the Philippines on November 2001. Mr. Santiago went to the United States to fulfill his American dream, leaving his wife in the Philippines. After 6 years working abroad, he was granted an American citizenship and became a naturalized citizen of the United States. He therein filed for a divorce from his marriage to Eliz El izab abet eth h Sa Sant ntia iago go an and d wa was s th then en gr gran ante ted d by th the e Fa Fami mily ly Co Cour urtt of California. The genera generall rule in this jurisdict jurisdiction ion is that absolute divorce between two citizens of of the Philippines Philippines is not recognized. recognized. The law is clear clear that divorce obtained by a Filipino citizen is against Public Policy. Based on these facts, we render the following opinion: 1. That That th the e Ph Phil ilip ippi pine nes s in ad adh her eren ence ce to in inte tern rnat atio iona nall co comi mity ty recognizes divorces obtained by foreigners abroad capacitating him to re-marry, so long as they are according to their national law, as stated in paragraph two, Article 26, the Family Code of the Philippines. 2. That a Filipino spouse who who acquires acquires a foreign foreign citizenship citizenship and and files a divo divorce rce therea thereafte fter, r, such such divo divorc rce e is recog recogni nized zed here here in the Philippines because of the adherence of the Philippine law to the nationality principle. 3. That That at the time Mr. Santiago Santiago filed filed for divorce divorce on his marriag marriage e to Elizabeth Santiago he was already an American citizen having acquired American citizenship through naturalization. naturalization. Thus, from that moment the laws of the United States govern his status and
legal capacity, making the divorce decree he obtain valid and bind bindin ing g to him him and makes makes him him eligi eligible ble to re-ma re-marr rry. y. This This find find supp suppor ortt unde underr the the nati nation onal alit ity y prin princi cipl ple, e, the the Phil Philip ippi pine nes s recognizes recognizes such divorce as valid and thus rendering rendering Mr. Santiago to have the capacity. For your consideration.
