Below is a comprehensive discussion of the legal framework and processes surrounding international marriages involving a Philippine citizen who was previously married under Philippine law. Note that this article is for general information only and does not substitute for legal advice from a qualified attorney.

1. Overview of Philippine Marriage Laws

1.1. General Prohibition Against Multiple Marriages

Under the Family Code of the Philippines (Executive Order No. 209, as amended), marriage is considered a permanent union; thus, a person cannot contract another marriage while still legally married to someone else. Doing so constitutes bigamy under the Revised Penal Code (Article 349).

1.2. Limited Grounds for Ending a Marriage in the Philippines

The Philippines does not generally recognize absolute divorce between two Filipino citizens (except for Muslim Filipinos under certain conditions governed by the Code of Muslim Personal Laws). Instead, Philippine law provides two principal remedies to end a valid marriage:

Declaration of Nullity of Marriage – applies to void marriages (e.g., lack of a valid marriage license, psychological incapacity under Article 36 of the Family Code, incestuous marriages, etc.).
Annulment of Voidable Marriage – applies to marriages valid at the time of celebration but subsequently challenged due to legal defects (e.g., lack of parental consent if one party was 18 but below 21 years old, fraud, force, etc.).

An additional option, legal separation, merely allows spouses to live separately without terminating the marriage bond. It does not permit remarriage.

2. Importance of Resolving the Previous Marriage

Before a Philippine citizen can validly enter into a new marriage (whether in the Philippines or abroad), it is critical to ensure that the prior marriage has been legally terminated or declared void. If the Filipino partner was previously married, entering a new marriage without first securing a legal end to the previous union can lead to:

Criminal liability for bigamy (if the subsequent marriage is contracted without ending the first).
Invalidity of the new marriage under Philippine law.

3. Legal Means to Terminate or Nullify a Prior Marriage in the Philippines

3.1. Declaration of Nullity of Marriage

A marriage is considered void from the start if it suffers from a fundamental defect, such as:

No valid marriage license;
Marriage celebrated by an unauthorized solemnizing officer, provided either or both parties believed otherwise in good faith;
Incestuous or bigamous marriage;
Psychological incapacity (Article 36 of the Family Code), as consistently interpreted in jurisprudence (e.g., Santos v. Bedia-Santos and Republic v. Molina);
Other grounds stated under Articles 35, 37, and 38 of the Family Code.

A judicial declaration of nullity must be obtained from a Philippine court to confirm that the marriage was void ab initio. Until then, for all legal intents and purposes, that marriage is presumed valid.

3.2. Annulment of Marriage

An annulment is a court proceeding to end a voidable marriage—one that was valid at inception but marred by specific legal defects, such as:

One of the parties was 18 but below 21 years old and did not have parental consent;
Either party was of unsound mind;
Consent was obtained by fraud, force, or intimidation;
One party was physically incapable of consummating the marriage, and the incapacity appears incurable;
Sexually transmissible disease found to be serious and incurable.

Once an annulment decree is issued, the marriage is considered terminated from the time the court decision becomes final.

3.3. Legal Separation (Not a Termination of Marriage)

A decree of legal separation allows spouses to live separately, but does not grant the right to remarry. The marital bond remains intact. Hence, this remedy is not sufficient for someone seeking a new marriage.

4. Recognition of Foreign Divorce

4.1. General Rule

Under Philippine law, a divorce obtained abroad by a Filipino citizen is not recognized unless one spouse is a foreign national. This is because the Philippines does not allow its citizens to circumvent local laws by obtaining a divorce overseas (Article 15, New Civil Code, “nationality rule”).

However, there is an important exception introduced by Article 26(2) of the Family Code:

“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.”

In simpler terms:

If the Filipino’s former spouse is a foreigner and that foreigner obtains a valid divorce in his/her country (or elsewhere) which allows the foreign spouse to legally remarry, then the Filipino spouse likewise becomes “capacitated to remarry” under Philippine law—provided a Philippine court recognizes that foreign divorce decree.

4.2. Court Recognition of Foreign Divorce

Even if a valid foreign divorce was obtained, the Filipino spouse must file a case for judicial recognition of foreign divorce in the Regional Trial Court (RTC) in the Philippines. The procedure generally includes:

Filing a Petition – The Filipino spouse files a petition for recognition of foreign divorce in the RTC where he/she or the other party resides (or where the records of marriage are kept).
Submission of Evidence – This includes the original or certified true copy of the foreign divorce decree, translated (if necessary) and authenticated by the appropriate embassy or consular office. Proof of applicable foreign law must also be presented (commonly done by a certificate or affidavit of an expert in that foreign law).
Hearing and Decision – The court will determine if the divorce was validly obtained according to the foreign law, and if it indeed dissolves the prior marriage.
Finality and Annotation – Once the decision becomes final, the court order is annotated on the marriage certificate in the Philippine civil registry.

Only after this recognition can the Filipino spouse lawfully remarry—whether in the Philippines or elsewhere.

4.3. Filipino-Filipino Divorce Abroad

If both spouses were Filipino citizens at the time of the divorce, that divorce generally cannot be recognized under Philippine law, as there is no foreign spouse. One exception is if one spouse subsequently acquires foreign citizenship and initiates a valid divorce thereafter; jurisprudence (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005) has expanded the interpretation of Article 26(2) to allow the Filipino spouse to remarry if the other spouse was naturalized as a foreign citizen and successfully obtained a divorce.

5. Key Scenarios in International Marriages

Filipino Previously Married to Another Filipino, but now Wants to Marry a Foreigner
- If the Filipino’s prior marriage is still valid under Philippine law, it must be terminated via annulment or declaration of nullity.
- If the prior marriage ended with a foreign divorce but both parties were Filipino at the time, that divorce typically is not recognized unless one party had acquired foreign citizenship before obtaining the divorce (Orbecido III rule).
Filipino Previously Married to a Foreigner Who Obtained a Divorce
- Under Article 26(2), the Filipino can have that divorce recognized by a Philippine court. Once recognized, the Filipino is free to remarry—whether that new marriage is in the Philippines or abroad.
Filipino Who Acquires Foreign Citizenship Before or After the Divorce
- If the Filipino spouse became a naturalized citizen of a country that recognizes divorce, the subsequent divorce could be recognized under Article 26(2) by analogy, allowing the newly naturalized spouse to remarry, subject to proper judicial recognition.
Potential Issues with Marrying Abroad Without Securing Annulment/Nullity/Recognition of Divorce
- If a Filipino contracts marriage abroad without resolving the previous marriage under Philippine law, that marriage may be considered bigamous or void when assessed in the Philippines.
- This can also create complications in matters such as immigration, property relations, and inheritance.

6. Documentary and Procedural Requirements

For Annulment/Nullity in the Philippines:
1. Marriage Certificate (PSA-certified copy).
2. Judicial affidavits, witness testimonies, and other supporting evidence depending on the grounds.
3. Filing the petition in the appropriate Regional Trial Court.
For Recognition of Foreign Divorce:
1. Foreign Divorce Decree (original or certified copy).
2. Authenticated/Consularized copy of the applicable foreign divorce law (often proven by an official document or expert testimony).
3. Proof of citizenship of the foreign spouse at the time the divorce was obtained.
4. Court fees and counsel representation.
Annotation on the Marriage Record:
- After a favorable court ruling (either for nullity, annulment, or recognition of foreign divorce), the decision must be registered with the Local Civil Registrar and the Philippine Statistics Authority (PSA) so that the marriage certificate reflects the dissolution/recognition.

7. Criminal Implications: Bigamy and Related Offenses

Any Filipino citizen who marries again without first having their previous marriage legally ended in the Philippines can be criminally prosecuted for bigamy. The penalties under Article 349 of the Revised Penal Code range from prison terms to additional civil liabilities. In cross-border scenarios, bigamy charges can still be pursued if the second marriage is recorded or recognized in the Philippines, or if elements of the crime occurred within Philippine jurisdiction.

8. Current Developments and Potential Reforms

Proposed Divorce Laws: Several bills have been filed in the Philippine Congress aiming to legalize divorce under specific circumstances. However, as of this writing, no law has been fully passed and implemented that broadly legalizes divorce for Filipino citizens.
Changes in Jurisprudence: The Supreme Court has, over time, relaxed certain requirements, especially regarding psychological incapacity (Article 36), transforming it from strictly a medical concept into a legal one (Tan-Andal v. Andal, G.R. No. 196359, May 11, 2021). This might indirectly affect how prior marriages can be dissolved.

9. Practical Considerations

Consult a Philippine Lawyer: Given the complexity of Philippine family law and international implications, it is wise to seek professional advice early on.
Gather and Preserve Documents: For recognition of foreign divorce or annulment cases, documentary evidence is crucial. Ensure all required documents are authenticated and ready for court submission.
Timing: Court proceedings for annulment, nullity, or recognition can be protracted. Plan timelines accordingly if you intend to remarry in the near future.
Consider Immigration Consequences: If the marriage involves a foreign national and there are plans to reside abroad, compliance with both Philippine law and the immigration laws of the other country is essential.

10. Conclusion

International marriages involving a Philippine citizen who was previously married require careful navigation of Philippine family law. The prior marriage must be legally dissolved or declared void before contracting a new marriage to avoid issues of bigamy and invalidity. Filipinos married to foreigners who obtained a valid foreign divorce may petition for judicial recognition of that divorce in the Philippines, enabling them to remarry under Philippine law.

Given the complexities, those planning to enter into such marriages should seek expert legal counsel and meticulously comply with all procedural requirements for a smoother, legally sound process.

Disclaimer: This article provides a general overview and does not constitute legal advice. For specific concerns, consult a lawyer who is knowledgeable in Philippine family law.