Persons July 16, 2012

Article 22 marriage certificate not essential or formal requisite

Original marriage certificate issued to the parties
2nd&3rd copy of marriage certificate local civil registrar
4th copy of marriage certificate solemnizing officer
Article 26
International comity each sovereign state has the right to declare
what marriages it will or will not recognize, regardless of whether the
participants are domiciled (valid in other country = valid in the
country with exceptions Art. 35 (1,4-6), 36-38)
Requisites for the application of 2nd paragraph of this provision:
1. Mixed marriage Filipino and foreigner
2. Foreign spouse initiated the divorce capacitate foreign spouse
to remarry
3. Divorce capacitates the foreign spouse to remarry
*At the time when the divorce decree was obtained, the one who
secured a divorce decree is a foreigner one case (not the literal
meaning) interpretation (spirit of the law)
Common law marriage living together as husband and wife without
marriage
- not recognized in the Philippines even if allowed in other
country