Bill allowing divorced Filipinos to remarry pushed

MANILA, Philippines – A bill allowing Filipino spouses to remarry when the foreigner spouse obtained a foreign judicial decree of absolute divorce was endorsed by the House Committee on Revision of Law.

House Bill (HB) 5907 entitled “An Act recognizing the capacity of the Filipino spouse to remarry when the alien spouse has obtained a foreign Judicial Decree of Absolute Divorce, amending for the purpose Executive Order 209, otherwise known as the Family Code of the Philippines" has been endorsed for plenary passage.

The proposed bill also seeks to simplify the process of recognition of a foreign judgment on divorce obtained by a foreign spouse.

“The Filipino spouse need not seek judicial recognition or enforcement of the foreign judicial decree of absolute divorce and its registration by the civil registrar shall be sufficient for the issuance of a marriage license,” the bill stated.

Under HB 5907, the judicial decree of absolute divorce obtained by the foreigner spouse must be authenticated by the Philippine consul where the decree was obtained. It may be presented as one of the documentary requirements for the issuance of  a marriage license without need for judicial decree.

HB 5907 also states that the Filipino spouse shall acquire the capacity to remarry under the Philippine laws after the judicial decree of absolute divorce is validly obtained by the alien spouse abroad.

The bill, contained in Committee Report 795 was recently approved by the House Committee on Revision Law, chaired by Rep. Marlyn Primicias-Agabas.

HB 5907 seeks to substitute HB 2251 authored by Reps. Rufus Rodriguez and Maximo Rodriguez Jr., and HB 2430 filed by Rep. Magtanggol Gunigundo.

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