Simplified Query: What is a divorce annotation, and why is it necessary for remarriage in the Philippines?

In the Philippines, marriage is a legally binding union that can only be dissolved through specific legal procedures. When a Filipino citizen obtains a divorce abroad, such as in the United States, that divorce must be recognized by the Philippine legal system for the individual to remarry legally within the country. This recognition process involves obtaining a divorce annotation.

Understanding Divorce Annotation

A divorce annotation is an official note added to a marriage record, indicating that the marriage has been legally dissolved by a foreign divorce. This annotation serves as proof that the divorce is recognized by the Philippine government, allowing the individual to enter into a new marriage.

Legal Basis

The requirement for a divorce annotation stems from Article 26 of the Family Code of the Philippines. This law stipulates that a marriage between a Filipino citizen and a foreigner, which is validly celebrated and later dissolved abroad by a divorce decree, must be recognized in the Philippines for the Filipino spouse to remarry. However, this recognition is not automatic; it requires a judicial proceeding to confirm the validity of the foreign divorce.

Steps to Obtain a Divorce Annotation

Secure a Foreign Divorce Decree: Obtain a certified copy of the divorce decree from the foreign country where the divorce was granted. This document must be authenticated by the Philippine Embassy or Consulate in that country.
Judicial Recognition of Foreign Divorce: File a petition for the recognition of the foreign divorce decree with the appropriate Philippine Regional Trial Court. The court will review the petition to ensure that the divorce was obtained according to the laws of the foreign country and that it is consistent with Philippine law.
Court Decision: If the court finds the petition in order, it will issue a decision recognizing the foreign divorce. This decision is necessary for the next steps.
Annotation of the Divorce in the Civil Registry: Once the court decision is final and executory, present it to the Local Civil Registrar where the marriage was originally recorded. The registrar will annotate the marriage certificate with the court's recognition of the divorce.
Philippine Statistics Authority (PSA) Annotation: Finally, the annotated marriage certificate must be submitted to the PSA for verification and issuance of a certified copy. The PSA will then provide a copy of the marriage certificate with the divorce annotation.

Why is Divorce Annotation Necessary?

The divorce annotation is crucial because, without it, the marriage remains valid under Philippine law, preventing the individual from legally remarrying. The annotation ensures that all civil records reflect the current marital status, thereby avoiding legal complications in future marriages and other civil matters.

Conclusion