Relevance of the nationality of the parties in relation to the… | Validity of Marriages Celebrated Abroad | Marriage | FAMILY CODE

When discussing the validity of marriages celebrated abroad, particularly in the context of mixed marriages (where one or both parties are foreigners) in the Philippines, it is essential to evaluate the nuances under Philippine law and international private law principles.

1. Fundamental Principles of the Validity of Foreign Marriages

Under the Family Code of the Philippines, specifically Article 26, marriages celebrated outside the Philippines are generally recognized as valid, provided they comply with the laws of the country where they were solemnized. This principle of lex loci celebrationis (law of the place of celebration) allows for a marriage validly contracted abroad to be recognized as valid in the Philippines, regardless of whether the marriage would have been permitted under Philippine law.

Exceptions in Validity:

1. Article 35 of the Family Code outlines several grounds under which marriages are considered void from the beginning. For marriages celebrated abroad, if any of these grounds apply, the marriage may be considered void in the Philippines as well.
2. Under Article 26(2), a marriage between a Filipino citizen and a foreigner that is validly celebrated abroad and later dissolved abroad by a divorce obtained by the foreign spouse allows the Filipino spouse to remarry under Philippine law.

2. Relevance of Nationality and Applicability of Grounds for Nullity

Philippine law adheres to the principle of lex patriae (law of nationality) for its citizens, meaning Filipino nationals are generally governed by Philippine laws on family rights and duties, regardless of residence or place of marriage. This has significant implications for mixed marriages and the grounds available for declaring them void or voidable in the Philippines.

Grounds for Nullity or Annulment of Mixed Marriages:

1. For Filipino Citizens:

   • Nullity (Void Marriages): The grounds for nullity of marriage in the Philippines include, but are not limited to, absence of a marriage license, mental incapacity, or psychological incapacity under Article 36 of the Family Code.
   • Psychological Incapacity: This provision applies to Filipino nationals and is interpreted to mean a mental or psychological incapacity to perform the essential marital obligations. Psychological incapacity is a frequent ground for nullity petitions in mixed marriages where one spouse is foreign, often due to differing cultural perspectives on marital roles.
   • Foreign Divorce and Subsequent Remarriage: If the foreign spouse in a mixed marriage successfully obtains a divorce abroad, Article 26(2) allows the Filipino spouse to remarry if the divorce effectively dissolves the marriage in the foreign spouse’s jurisdiction.

2. For Foreign Nationals:

   • Philippine law does not generally apply to the foreign spouse, especially in terms of personal capacity and marital obligations. If a foreigner is psychologically incapacitated under Article 36, this ground may still be used in a nullity petition as long as the incapacity directly impacts the Filipino spouse.
   • A mixed marriage may be deemed void in the Philippines based on grounds such as fraud, lack of consent, or mental incapacity of either party if these grounds are present during the union.

3. For Mixed Marriages Involving Specific Nationality Rules:

   • In cases where a foreign party’s national law conflicts with Philippine standards, the foreign national’s governing laws may determine aspects of the marriage’s validity or the spouse’s capacity. For example, some countries prohibit divorce altogether; thus, Philippine law may impose its grounds for annulment or nullity in such cases.
   • In mixed marriages where the foreign spouse's country of origin does not recognize the Filipino spouse's rights to petition for divorce or annulment under Philippine laws, the Filipino spouse may still file for annulment or nullity in the Philippines. The ruling may apply in the Philippines but may not be recognized in the foreign spouse’s country.

3. Jurisdictional Considerations for Declaring Nullity in the Philippines

For the Philippines to assume jurisdiction over a petition for nullity of marriage:

1. Residency of the Filipino Party: The Filipino spouse must generally establish residency within the Philippines for the Family Courts to have jurisdiction.
2. Mixed Nationality and Jurisdiction: If both spouses are residing abroad but one remains a Filipino citizen, Philippine courts may still recognize a petition for nullity on the grounds of psychological incapacity under Article 36, as the lex patriae principle gives jurisdiction over Filipino nationals.

4. Enforceability and Recognition of Foreign Judgments on Marriage in the Philippines

• When a marriage celebrated abroad has been terminated or declared null in the foreign jurisdiction, the Philippines may recognize such a judgment under the doctrine of comity, as long as it does not contravene Philippine public policy.
• If a foreign court grants a divorce or nullity that conflicts with fundamental Filipino values on marriage (such as those based on fraud or lack of jurisdiction), the Philippines may refuse to recognize it.

5. Special Cases: Mixed Marriages with Nationals from Countries with Religious or Cultural Restrictions on Divorce

In mixed marriages involving nationals from countries where divorce or annulment is culturally or religiously prohibited, Philippine courts may face challenges in enforcing a nullity declaration. However, as long as the Filipino spouse has a legitimate ground for nullity under Philippine law and proper jurisdiction is established, the Filipino spouse can pursue a declaration of nullity even if the foreign national's home country does not recognize such a decree.

Conclusion

In summary, the relevance of nationality in mixed marriages celebrated abroad in the Philippines centers around the application of the lex patriae principle for Filipino citizens and the interplay with lex loci celebrationis for foreign marriages. Grounds for nullity are principally governed by Philippine law for Filipino nationals, including psychological incapacity, while respecting international principles of comity and recognizing foreign divorces when applicable. This ensures that Filipino nationals are protected under their domestic laws while allowing a degree of recognition for international marital frameworks.