Family Code · Chapter 1. Requisites of Marriage

Article 26

Foreign marriages; foreign divorce

Amended
By Executive Order No. 227 (1987)

Current text, as of October 15, 2026

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), 36, 37 and 38. (17a)

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. (As amended by Executive Order 227)

Supreme Court: Republic v. Manalo (G.R. No. 221029, April 24, 2018)

The Supreme Court held that the second paragraph also applies when the Filipino spouse, not only the foreign spouse, obtains the divorce abroad. The foreign divorce must still be recognized by a Philippine court before the Filipino spouse can remarry.

Consolidated by Alleba from the text of Executive Order No. 209 (Lawphil), which already includes the changes made by Executive Order No. 227 (1987) before the Code took effect, and the amending Republic Acts in our library. Later amendments made by Presidential Decrees, Batas Pambansa or other executive orders are not included. For information and research only, and not legal advice. For certified copies, refer to the Official Gazette or the issuing agency.