Dear PAO,

I am a foreigner married to a Filipina. Our relationship had been fulfilling for three years until I discovered that she was previously married to another man who is still alive. That started my hellish situation which I cannot bear so I would like my marriage to be declared void by the court. Now, my estranged wife claimed that the local court cannot invalidate our marriage which was celebrated abroad. Is she correct?

Medelin

Dear Medelin,

The marriage contracted abroad between you and your Filipina spouse is still governed by Philippine Law. This is in consonance with Article 15 of the New Civil Code of the Philippines, which provides that:

“Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.”

Correlative thereto, Article 26 of the Family Code of the Philippines also provides that:

“All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38.

“Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.”

Thus, marriages celebrated abroad may be recognized as valid in the Philippines except those considered as prohibited marriages under Article 26 of the Family Code of the Philippines. Among the prohibited marriages is a bigamous marriage. The reason for this was explained in Munari vs Asprec and the Civil Registrar General, GR 262831, April 7, 2025, where the Supreme Court, speaking through Associate Justice Maria Filomena Singh, stated that:

“In view of the foregoing, it is evident that Philippine courts have jurisdiction to nullify a bigamous marriage involving a foreigner and a Filipino, even if the marriage was celebrated abroad. This aligns with the principle that the intrinsic validity of a marriage, including its legality, must adhere to Philippine law when one or both of parties are Filipino citizens. This approach prevents individuals from circumventing Philippine laws by marrying abroad, and additionally ensures that the family rights and duties of Filipino citizens are consistently applied. Consequently, even if a marriage is valid in the country where it was celebrated, it can still be declared void in the Philippines if it contravenes the country’s legal provisions, such as those prohibiting bigamy, in express exception to Article 26 of the Family Code which concedes the extrinsic validity of a marriage celebrated abroad in accordance with the laws of the country of celebration.”

Applying the above-quoted decision to your situation, the claim of your wife that your bigamous marriage celebrated abroad cannot be declared void by Philippine courts is not correct. The jurisdiction over the intrinsic validity of marriage contracted by a Filipino citizen even if celebrated abroad is clearly governed by Philippine law and can be filed with the local courts or specifically, the Family Court. Considering that your wife is a Philippine citizen, her legal capacity to contract marriage is governed by Philippine law even if the marriage happened abroad. Further, bigamous marriage contracted abroad, even if valid in said country where it was celebrated, may be invalidated by local courts as this kind of marriage contravenes Article 26 in relation to Article 35 of the Family Code of the Philippines which clearly declares that bigamous marriage cannot be recognized in our country.

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

We appreciate your trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected].