DOJ exec: Foreign divorce doesn’t end PH marriage
Filipino citizens who obtain divorce outside the country remain legally married in the Philippines and are not relieved of their responsibilities and obligations to their spouses and children.
Justice Undersecretary Ian Norman Dato said divorce, for people who remain citizens of the country, “can never be recognized in the Philippines” even if it is valid in the country that granted it, because it is “against the law, against public policy, and against custom.”
In a recent interview with the Inquirer, Dato said a Filipino’s civil status “follows you wherever you go.” Even if a person is considered divorced wherever he/she is, that individual will remain married as far as Philippine laws are concerned.
This distinction is significant as many overseas Filipino workers and their families seem to have resigned themselves to abandonment, with spouses divorcing their partners in the Philippines and contracting new marriages in their countries of work.
‘Inviolable institution’
While some families have negotiated adequate support for themselves, Dato noted that logistics, primarily the cost of pursuing cases against spouses who have left their families, are often beyond people’s capacity.
Under Philippine laws, a marriage may only be dissolved through legal separation or annulment.
Dato pointed out that the country’s policies and laws on marriage and family are contained in the 1987 Philippine Constitution—which declares that the Filipino family is the “foundation of the nation” and that “marriage is an inviolable institution.”
As a legal term, “inviolable” means something that cannot be legally or morally breached. This may open a divorce law, if passed, to a potential constitutional challenge.
The constitutional provisions on marriage and family were not in the 1899 Malolos Constitution. It even seems unique to the Philippine Charter, as the United States’ Constitution and other basic laws do not appear to have any specific pronouncements regarding marriage and family.
Child’s welfare
Annulment is the way forward for those wanting to have their marriage dissolved permanently, cleanly and recognized under Philippine laws, Dato said.
As for custody, mothers may be automatically given the right to care for children up to 7 years old. Under Philippine laws, mothers are deemed to be the primary caregiver of these children.
But the rule is not absolute. Dato said custody may be awarded to the father or a guardian if a court considers the mother unfit to care for a child.
He said Philippine laws put the child’s welfare and well-being paramount. Thus, whoever is most capable of giving children the care and attention they need may be awarded custody.
In cases where parents have reached an agreement on custodial rights, Dato said a government prosecutor has to review documents and attend court hearings for the resolution of the case to ensure that everything is above board and the welfare of the child or children is safeguarded and guaranteed.
The state in family life
The Department of Justice (DOJ) has recently increased the number of lawyers working at the Public Attorney’s Office to assist people who may not have the resources to pay for their legal representation.
Government prosecutors from the national to local levels are trained to handle domestic and family disputes, Dato said—adding that the state “is heavily involved in family life,” as required under the Constitution.
