REVIEWER FOR PERSONS AND FAMILY RELATIONS:

ESSENTIAL REQUISITES
i. Consequence:
If absent void marriage
If defective consent (no such thing as defective legal capacity) voidable marriage
ii. What are the essential requisites?
(1) Legal capacity of the contracting parties who must be a male and a female;
a. Age
-18
-Additional reqs:
i. 18-below 21 consent (effect if no consent=voidable marriage)
Consent of: (follow order)
1. father
2. mother
3. surviving parent or guardian
4. persons having legal charge
How consent is exhibited:
1. manifested in writing and personally appears before local civil registrar record in both applications
for marriage license; OR
2. affidavit made in the presence of 2 witnesses and attested before any official authorized by law to
administer oaths attached in both applications for marriage license
ii. 21-below 25 advice of parents or guardian (if no advice=ml not to issued until 3 months after completion of 10
day publication of application; if gets married within 3 month period without license=void marriage)
A sworn statement by contracting parties that advice has been sought together with written advice given are
to be attached to application of marriage license. If advice not given, the fact shall be stated in the sworn
statement.
iii. exactly 25 and above neither consent or advice
iv. where consent or advice needed, a certificate of marriage counseling shall be attached to the application for
marriage license. (effect of failure to attach=suspension of issuance of of ml for 3 months from completion of 10 day
pub. of application)
Certificate by:
- priest, imam, minister authorized to solemnize marriage;
- marriage counselor duly accredited by proper government agency
Both parties must be present at counseling even if only one needs consent or advice
b. Must be born both a man and a woman
c. There must be no existing impediments (art 37) (I P P P 53)
i. Incestuous marriages (void from the beginning)
1. Between ascendants and descendants of any degree; (DIRECT line, legitimate or illeg);
2. Between brothers and sister, whether full blood or half blood
ii. Marriages against public policy (art 38)
1. Between collateral blood relatives, whether legitimate or illegitimate, up to the 4 th civil degree
2. Between step-parents and step-children (Note that stepbrothers and stepsister can get married to each other)
3. Between parents-in-law and children-in-law
4. Between the adopting parent and the adopted child
5. Between the surviving spouse of the adopting parent and the adopted child;
6. Between the surviving spouse of the adopted child and the adopter
7. Between an adopted child and a legitimate child of the adopter
8. Between the adopted children of the same adopter; and
9. Between parties, where one, with the intention to marry the other, killed that other persons spouse or his or
her own spouse.
-It just prohibits you from marrying the person you are crazy about. But you can marry someone else after.
iii. Prior existing marriage (effect: bigamous marriage=void marriage) bigamous marriage valid were it not for the
validity of the first marriage
Marriage may be terminated by:
a. actual death show death certificate
b. presumptive death present spouse must institute a summary proceeding for the declaration of presumptive
death of absentee, without prejudice to the effect of reappearance.

Nicole San Juan, ALS 2017

Requisites for a valid subsequent marriage:

a. absence of other spouse (well-founded belief that dead na)
b. period of absence
c. judicial decree of presumptive death (which may be obtained by instituting summ. proceeding for the
declaration of presumptive death)
d. good faith of the marrying spouse
General rule: Prior spouse has been absent for four consecutive years and the spouse present has a wellfounded belief that the absent spouse was already dead. (NOTE: Count years from time that absent person was
last heard from, NOT from the judicial decree)
2 years is enough to declare presumptive death:
a. Person on board a vessel lost during a sea voyage, or an aeroplane which is missing who has not been
heard of since loss of vessel or aeroplane
b. Person in armed forces who has taken part in war and missing for 2 years
c. A person in danger of death under other circumstances and existence has not been known for four years
The second marriage is automatically terminated when the AFFIDAVIT OF REAPPERANCE is filed with
the local civil registrar, either by absentee spouse or other interested party
-NOTE: Absentee spouse cannot remarry even if he chooses not to file aff. of reappearance
iv. Psychological incapacity A marriage contracted by any party, who , at the time of the celebration, was
psychologically incapacitated to comply with the essential marital obligations of marriage, shall be void even if
such incapacity only becomes manifest after its solemnization (art. 36)
Essential marital obligations Husband and wife are obliged to live together, observe mutual love, respect and
fidelity, and render mutual help and support (Art 68) Also see articles 68-71
- No need to allege expert opinion in a petition under Art. 36. However, psychological incapacity must be
established by the TOTALITY OF THE EVIDENCE presented during trial
- Burden of proof to show nullity of marriage is on the plaintiff. Doubt must be resolved in favor of existence
of marriage and against its nullity
- Psychological incapacity should refer to no less than mental (not physical) incapacity that cause a party to be
truly incognitive of the essential martial obligations
- Psychological incapacity must be characterized by juridical antecedence, gravity and incurability. The
incurability may be relative only in regard to other spouse, not necessarily absolutely against everyone of
the same sex
- Incapacity must be relevant to the assumption of marriage obligation. Not to those unrelated to marriage like
exercise of profession, employment in a job
- The existence of psychological incapacity depends on the facts of the case
NOT psych. incapacity:
o By itself, sexual infidelity is not suff. Proof that there is psych. incapacity
o That wife left for the States and did not show herself to her husband although she promised she would
return to PH is not psych. incap
o A husbands alleged mixed personality disorder, leaving the house attitude, violent tendencies during
epileptic attacks, sexual infidelity, abandonment and lack of support, preference to spend time with
friends than family
o Unsatisfactory marriage
Considered psych. incapacity;
o A person unable to distinguish between fantasy and reality would similarly be unable to comprehend the
legal nature of the marital bond
o perennially telling lies, fabricating ridiculous stories and inventing personalities and situations, writing letters
using fictitious names, lying about actual occupation, income, educ. attainment, and family background
o The senseless and protracted refusal of one of the parties of sexual cooperation for the procreation of children

Nicole San Juan, ALS 2017

v. Non-compliance with Art. 52,53 of FC The following shall be recorded in the appropriate civil registry and
registries of property
1. The judgment of annulment or absolute nullity of marriage
2. The partition and distribution of the properties of spouses
3. Delivery of childrens presumptive legitimes
(2) Consent freely given in the presence of the solemnizing officer
- consent refers to consent of contracting parties
- No consent i.e. parties did not intend to be bound like a joke, stage or movie play= void marriage
- Vitiated consent i.e. by error, fraud, intimidation, force=voidable
- Personal appearance required. No proxy or virtual weddings allowed.
- 2 witnesses rule- directory lang
FORMAL REQUISITES
i. Consequences
a. if absent void marriage
b. if irregular does not affect validy of marriage. Just impose civil, criminal or admin liability on those responsible for the
irregularity.
ii. What are the formal requirements?
1. Authority of the solemnizing officer
a. Any incumbent member of the judiciary within the courts jurisdiction
i. All members of judiciary from mtc,rtc,ca,sb,cta,sc. But not equal authority.
ii. Reqs:
1. Incumbent member of judiciary (from oath up to retirement). It is continuous since holidays, night and day are
included. No time constraints=not limited to office hours
-no special authorization. Comes from nature of office.so moment from oath, pwede na. (as opp to relig.
People)
2. Within their territorial jurisdiction
a. SC/CTA/SB- national in scope. All over the PH
b. CA-no national scope as CA justice. (there is one for Mindanao-cdo; visayas-cebu; Luzon-manila). It is
said that if you are CA of CDO, you can solemnize marriages even in Manila. It might be an irregularity
though so it will not affect validity of marriage.
c. RTC/MTC- if outside JD, irregularity lang.
b. Any priest, rabbi, imam or minister of any church or religious sect duly authorized by his church or religious sect and
provided that at least one of the contracting parties belongs to the solemnizing officers church or religious sect;
c. Any ship captain or airplane pilot while in flight and during stopovers (NOTE:only when in articulo mortis)
d. Any military commander of a unit to which a chaplain is assigned in the absence of the latter, during a military
operation, within the zone of military operations whether members of armed forces or civilians (NOTE: only when in
articulo mortis)
e. Any consul-general, consul or vice-consul
Exception when either or both parties believed in good faith that the solemnizing officer had the legal authority to do so
-Difference between Mistake in the interpretation of the law (i.e. thinking brgy captain can solemnize marriage); and mistake
of fact (i.e. thinking brgy captain was the mayor). Latter is the exception. Mistake of law does not excuse.
2.

A Valid marriage license subsists for 120 days from issuance. Expired license=void marriage. Subsequent issuance of
marriage license cannot ratify marriage with no marriage license (void marriage) To be valid a. not fake or spurious; b.
within 120 days

Instances when exempt from marriage license:

a. When the marriage is in articulo mortiswhen either or both parties are at the point of death, regardless if ailing party
subsequently survives. May be solemnized by:
i. Ship captains
ii. airplane chiefs
iii. military commander
iv. justice, judge within their respective jurisdiction
v. priests
vi. consuls

Nicole San Juan, ALS 2017

b.

Marriage in remote place where there is no means of transportation to enable party to personally appear before local
civil registrar (art. 28)
c. Marriages among Muslims or among members of ethnic cultural communities that are solemnized in accordance with
their customs, rites or practices
i. Mohammendan rites and customs for marriage must be allege and proved in court. Cannot take judicial notice.
d.. when man and who have lived together as husband and wife for at least give years without any legal impediment to
marry each other.
-While Art. 351 of the RPC prohibits premature weddings (Any widow who shall marry within 301 days from the date of death of
husband, or before having delivered if she shall have been pregnant at the time of death, shall be punished by arresto mayor or
fined at 500) if widow gets marriage license within prohibitive period, marriage is still valid without prejudice to criminal
liability
-The certification of the local civil registrar of due search and inability to find a record or entry to the effect that no marriage
license has been issued to the parties is adequate to prove its non-issuance effect: void marriage if no license
1.

A marriage ceremony
a.

Takes place within the appearance of the contract parties before

the solemnizing officer
b. Their personal declaration that they take each other as husband
and wife
c. In the presence of not less than two witnesses of legal age
Marriage certificates
-

not an essential or formal requirement

o failure of solemnizing officer to send a copy of the marriage is not a
fatal defect
o failure to sign the marriage contract does not invalidate the marriage
the marriage certificate is the best documentary evidence of a marriage.
However, it is not the only evidence that can be admitted to prove the existence
of marriage.
o Testimony of witnesses can be admitted
o Certificates of title to land showing that the girl is married to man
o Rebuttable legal presumption: A man and woman deporting themselves
as husband and wife have entered into lawful contract of marriage

Foreign marriages or marriages with foreign elements

1. Marriages celebrated outside the Philippines
General rule: If the marriage is valid where celebrated, it is also valid in the Philippines. (lex loci celebrationis) if void
there, void here. If voidable there, voidable here.
Except:
1. Those prohibited under Arts 35 (1,4,5, and 6)
a. Those contracted by any party below 18 even with consent of parents or guardians
b. Bigamous or polygamous marriages EXCEPT if you apply provisions on presumptive death (Gen: 4
years; 2 yrs exception in certain circum)

c.
d.

NOTE: If foreigner has three sps and has children with all and then goes to Philippines, for the purpose
of cohabitation, only the first marriage shall be considered valid. But for the purpose of determining
legitimacy of children, marriages are to be considered valid since in case of doubt, presumption should
be in favor of legitimacy of children.
Those contracted thru mistake of one of the contracting parties as to the identity of the other; and
Subsequent marriages that are void under Art. 53= void since the following were not recorded in the
appropriate civil registry:
i. Judgment of annulment or absolute nullity of marriage
ii. Partition and distribution of properties of the spouses

Nicole San Juan, ALS 2017

2.
3.
4.

iii. Delivery of the childrens presumptive legitimes

A marriage contracted by any person, who at the time of the celebration of the marriage, was psychologically
incapacitated to comply with the essential martial obligations of marriage, even if such incapacity become
manifest only after solemnization (Art. 36)
Incestuous marriages (art. 37)
Marriages against public policy (art. 38)

2.Marriages celebrated in the Philippines or abroad involving foreigners

Additional documents to be submitted to obtain marriage license:
a. If either or both of contracting parties are foreigners, submit a certificate of legal capacity to contract marriage issued by their
respective diplomatic or consular officials
b. If stateless person or refuges- submit affidavit stating circumstance showing capacity to contract marriage
Void and voidable marriages
Void
Can never be ratified
Always void
Can be attacked directly or collaterally
There is no conjugal partnership. Only a coownership
NOTE: Action or defense for the declaration of
absolute nullity of marriage shall not prescribe
1. Article 35
Art. 35. The following marriages shall be
void from the beginning:
(1) Those contracted by any party below
eighteen years of age even with the consent
of parents or guardians;
(2) Those solemnized by any person not
legally auvtthorized to perform marriages
unless such marriages were contracted with
either or both parties believing in good faith
that the solemnizing officer had the legal
authority to do so;
(3) Those solemnized without a license,
except those covered by the preceding
Chapter;
(4) Those bigamous or polygamous
marriages not falling under Article 41;
-most common ground. If you look at essential
grounds it will appear under impediments. If
you are still married and you have not complied
with art 40 , subseq marriage will be void.
-one recognized exception: art 41 based on
presumptive death! Summary proceedings for
declaration of presumptive death of spouse who
is absent (GR: 4 years counted from the time of
DISAPPEARANCE of spouse- dapat nod anger
of death, he just really disappeared, no certainty
if he is alive or dead; EO absence:2 yrs from
DISAPPEARANECE under the conditions
provided (danger ot his death: note examples of
ship, airplane are just EXAMPLES! Not
exclusive but counted for as long there is
danger of death!)
(5) Those contracted through mistake of one

Nicole San Juan, ALS 2017

Voidable
Can generally be ratified by free cohabitation
Valid until annulled
Cannot be assailed collaterally; there must be
a direct proceeding
There is a conjugal partnership
Art. 45. The marriage may be annulled for
any of the following causes, existing at the
time of the marriage:
(1)That the party in whose behalf it is sought to
have the marriage annulled was eighteen years of
age or over but below twenty-one, and the
marriage was solemnized without the consent of
the parents, guardian or person having substitute
parental authority over the party, in that order,
Exception: unless after attaining the age of twenty-one,
such party freely cohabited with the other and both lived
together as husband and wife
- parents may NOT ratify (despite forgiveness).
-free and voluntary cohabitation It need not be
long. But it must be something more than mere
living together in the same house or even occupying
the same bed. It is the living together of the parties
as husband and wife, including sexual relations.
Prescriptive Period:
i. b
y
t
h
e
p
a
r
t
y
w
h

contracting party as to the identity of the

other; and
-with regard to PHYSICAL identity,
and not merely to character health
or chastity (in effect, what is missing or
absent is consent. This is not the person you
agreed to marry.)
(6) Those subsequent marriages that are
void under Article 53.
2. Article 36
Art. 36. A marriage contracted by any party
who, at the time of the celebration, was
psychologically incapacitated to comply with
the essential marital obligations of marriage,
shall likewise be void even if such incapacity
becomes manifest only after its
solemnization.
-this is not inability; this is incapacity
REMEMBER: It is neither physical incapacity
(impotence) or mental incapacity (isnanity).
These are gorunds for voidable marriage.
Psycholiglca incapcait Is not disease of mind
but this is mind setup of eprosn brought about
by events in his life.
3. Article 37
Art. 37. Marriages between the following are
incestuous and void from the beginning,
whether the relationship between the parties
be legitimate or illegitimate:
(1) Between ascendants and descendants of any degree;
and
(2) Between brothers and sisters, whether of the full or
half-blood.
4. Article 38
Art. 38. The following marriages shall be
void from the beginning for reasons of public
policy:
(1) Between collateral blood relatives,
whether legiti- mate or illegitimate, up to the
fourth civil degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-inlaw;
(4) Between the adopting parent and the
adopted child;
(5) Between the surviving spouse of the
adopting par- ent and the adopted child;
(6) Between the surviving spouse of the
adopted child and the adopter;
(7) Between an adopted child and a
legitimate child of the adopter;

Nicole San Juan, ALS 2017

o
d
i
d
n
o
t
a
t
t
a
i
n
p
a
r
e
n
t
a
l
c
o
n
s
e
n
t
(
e
v
e
n
i
f
i
t
i
s
h
i
s
f
a
u
l
t
)
w
i
t
h
i

(8) Between adopted children of the same

adopter; and
(9) Between parties where one, with the
intention to marry the other, killed that
other persons spouse, or his or her own
spouse.
5. Article 44
Art. 44. If both spouses of the subsequent
marriage acted in bad faith, said marriage
shall be void ab initio and all donations by
reason of marriage and testamentary
dispositions made by one in favor of the
other are revoked by operation of law.
6.

Article 53

Art. 52. The judgment of annulment or of

absolute nullity of the marriage, the
partition and distribution of the properties
of the spouses, and the delivery of the
childrens presumptive legitimes shall be
recorded in the appropriate civil registry
and registries of property; otherwise, the
same shall not affect third persons
Art. 53. Either of the former spouses may
marry again after complying with the
requirements of the immediately preceding
Article; otherwise, the subsequent marriage
shall be null and void.
-ground for nullity of marriage for subsequent
marriage only (unlike in other grounds na
pwede first or subsequent marriage)

n
5
y
e
a
r
s
a
f
t
e
r
a
t
t
a
i
n
i
n
g
t
h
e
a
g
e
o
f
2
1
ii. b
y
p
a
r
e
n
t
,
g
u
a
r
d
i
a
n
,
p
e

Nicole San Juan, ALS 2017

r
s
o
n
h
a
v
i
n
g
l
e
g
a
l
c
h
a
r
g
e
o
f
p
a
r
t
y
a
n
y
t
i
m
e
b
e
f
o
r
e
p
a
r
t
y
r
e
a
c
h

Nicole San Juan, ALS 2017

e
s
a
g
e
o
f
2
1
(
3
y
e
a
r
m
a
x
i
m
u
m
p
e
r
i
o
d
)
(2)That either party was of unsound mind,
-if could intelligently consent meaning he knew what
he was entering into; intoxication and
somnambulism= lack of mental capacity
Exception: unless such party, after insane spouse coming
to reason, freely cohabited with the other as husband and
wife
PP:
i.by sane spouse (must not know of others insanity)
within 5 years from DISCOVERY of insanity
ii. any relative guardian or person having legal charge of
insane (relatives of insane party can annul marriage even
if sane party marries insane party knowing the latter to
be insane) any time before death of either party (in
effect, it is imprescriptible)
iii.by insane spouse- within 5 years he regained his or
her insanity
BUT there are other schools of thought that say that for

Nicole San Juan, ALS 2017

all three, they are imprescriptible.

(3) That the consent of either party was obtained by
fraud
What constitutes fraud? (art 46)
(1) Non-disclosure of a previous conviction by
final judgment of the other party of a crime
involving moral turpitude;
-the fact of conviction is determinative.
The penalty is not so it does not matter if
only fine is imposed
crime involving mt estafa
needs FINAL conviction before celebration
of marriage. Does not count if still on
appeal
(2) Concealment by the wife of the fact that at
the time of the marriage, she was pregnant
by a man other than her husband;
- pregnant at the time of ceremony, not
afterwards
-if the husband knew at the time if
marriage that woman was pregnant, no
annulment. Woman need not tell man
under certain cirucm when it is clear
(i.e.on the 6th month of pregnancy)
-can only be brought against a woman
-ratio behind rule: possibility of
confusion of paternity
-can only be filed by husbands since only
women can get pregnant
-3 possible scenarios:
a. full disclosure of pregnancy
b. she tells you she is pregnany but tells
you she is father of child- if it turns out
you are not the father there is ground
for annulment because half-truths are
NOT allowed!
c.total non-disclosure- i.e she makes it
appear like shes not pregnant (plump
girls).
-5 years from discovery of fraud; not
reckoned from time of birth of child
(3) Concealment of a sexually-transmissible
disease, regardless of its nature, existing at
the time of the marriage; or
(4) Concealment of drug addiction, habitual
alcoholism, homosexuality or lesbianism,
existing at the time of the marriage.

Nicole San Juan, ALS 2017

-does not cover bisexualism

-need not be a practicing
homosexual
No other misrepresentation or deceit as to
character, health, rank, fortune or chastity shall
constitute such fraud as will give grounds for
action for the annulment of marriage.
-Note: non-disclosure of premarital relations with another is
not a ground for annulment
non-disclosure that she lived a
lascivious life before and had a
kid not a ground
Exception: unless such party afterwards, with full
knowledge of the facts constituting the fraud, freely
cohabited with the other as husband and wife
PP: By the injured party within 5 years after discovery
of fraud
(4) That the consent of either party was obtained by
force, intimidation or undue influence
-Force/violence= in order to wrest consent, serious or
irresistible force is employed
-Intimidation-when one of the contracting parties is
completed by a reasonable feat of an imminent and
grave evil upon his person or property or that of his
sps, descendant or asc, to give consent
-undue influence-control over ones will
NOTE: Threat to enforce ones claim through
competent authority, if the claim is just or legal, does
not vitiate consent. (i.e. A had sex with B but A
opposed to marry B. B threatened to oppose his
admission to bar so he married her. Cannot be
annulled since under law, immoral man should not be
admitted to bar)
Exception: unless the same having disappeared or
ceased, such party thereafter freely cohabited with the
other as husband and wife;
PP: by the injured party within 5 years from the time
force, intimidation or undue influence disappeared or
ceased
(5) That either party was physically incapable of con
summating the marriage with the other, and such
incapacity continues and appears to be incurable;
This refers to impotence=lack of power of
copulation/power to do sexual act. This does not refer
to mere sterility(the capacity to reproduce). Although
impotency carries with it sterility, sterile person is no

Nicole San Juan, ALS 2017

necessarily impotent. (It is grievous fraud and if

unknown, is a violation of implied warranty)
Burden of proof of impotency is upon complainant
(who must be the potent sps) to prove that impotency
existed at the time of the wedding, that is still existed
and that it is incurable. Such spouse must have been
unaware of the others impotency at the time of
marriage.
If both the husband and wife are impotent, the
marriage cannot be annulled because neither can
claim he or she has been aggrieved by the other.
Presumption is In favor of marriage. Impotency,
being an abnormal condition, should not be
presumed. Presumption is in favor of potency.
Doctrine of Triennial Cohabitation- If the wife
remains a virgin after living together with her
husband for three years, the presumption is that the
husband is impotent and he will have to overcome
this presumption
Refusal on the part of a man to submit to an
examination raises the presumption that the
defendant is really impotent. However, refusal on the
part of a Filipino girl to submit to such physical
examination does NOT raise the presumption of
impotency because of the natural modesty of Filipina
girls.
-what if you knew before that he was impotent but
you were hopeful that things will get better can
still bring action. Not based on knowledge.
-if he can take Viagra and it works, it
means it is NOT incurable. So not a
ground.
-female impotency- vaginal opening is
too small it is so painful it put in. But is
it incurable? No it can be corrected by
flower arrangement. But there as
decision that you cannot expect a
woman to undergo that kind of surgery
-impotency is relative!
PP: by the injured party within 5 years after celebreation
marriage
(6) That either party was afflicted with a sexually
transmissible disease found to be serious and appears
to be incurable.
STD must be serious and
need NOT have been concealed
at the time of marriage ceremony
fact of having it is the ground. Does not

Nicole San Juan, ALS 2017

matter if other party knew!

PP: by the injured party within 5 years after celebration
marriage
Declaration of absolute nullity of marriage

Annulment
-should be filed on a direct basis
Art. 48. In all cases of annulment or declaration of absolute nullity of marriage, the Court shall order the
prosecuting attorney or fiscal assigned to it to appear on behalf of the State to take steps to prevent collusion
between the parties and to take care that evidence is not fabricated or suppressed.
In the cases referred to in the preceding paragraph, no judgment shall be based upon a stipulation of facts or
confession of judgment.

Notes:
-A marriage cannot be annulled by means of summary judgment;
- Causes for declaration of abs. nullity or annulment of marriage must be proved. Cannot do away with that
by merely submitting:
-a stipulation of facts facts agreed upon and signed by both husband and wife;
-a confession of judgment a statement by erring spouse to the effect that he or
she is not against the annulment
2 types of Confession of Judgment:
a. Confession of judgment by warranty of attorney authority given by defendant to plaintiffs atty
allowing the latter to tell the court that the def. confesses or admits the claim of plaintiff to be true.
b. Confession of judgment or judgment by confession cognovits actionem instead of defending himself,
def. chooses to acknowledge the rightfulness of the action of the plaintiff
NOTE: If aside from the stipulation of facts or a confession of judgment, there is still
presented SUFFICIENT EVIDENCE, court may still render a judgment annulling
the marriage
--Who pays for attys fees and other expenses in ANNULMENT cases?
a. action prospers since annulment is granted- absolute community property
b.marriage not annulled-whoever brought the action shall pay
Rules for Divorce:
(a) If the action is brought HERE in the Philippines
.

1) Between Filipinos will NOT prosper

2) Between foreigners will NOT prosper

3) Between a Filipino and a foreigner will NOT prosper
(b) If the action is brought in a FOREIGN COURT

1) Between Filipinos will NOT be recognized here even if allowed by said foreign court, and even if the ground be either adultery
on the part of the wife or concubinage on the part of the husband. (Arts. 15 and 17).
2) Between foreigners Foreign decree will be RECOGNIZED here only if the following two conditions concur:

a) The foreign court has jurisdiction to grant the absolute divorce.

b) AND said divorce is recognized as valid by the personal law of the parties involved, that is, if valid according to
their national law or the law of their domicile depending upon the theory adopted by their countries.

3) Between a Filipino and a foreigner If obtained by the foreigner and valid according to his personal law valid for both
foreigner and Filipino.

Nicole San Juan, ALS 2017