Married Abroad .recognized Here-Dear Pao Article

[Call me bubba]

thanks to  DEAR PAO in manila times for this helpful article about marriage abroad

 hope this is helpful to those who it may pertain to 

 

 

Dear PAO,  
My spouse (a foreigner) and I got married abroad.

We did not register our marriage here in the Philippines. Is our marriage also valid and recognized in our country?
Brix

 

Dear Brix,

When it comes to the solemnization of marriages,

our country follows the rule of LEX LOCI CELEBRATIONIS, which roughly translates to “law of the place of the ceremony” (Garcia v. Recio, 418 Phil. 723)

. Under this rule, the law of the state where a marriage is solemnized or performed will be observed.  This means a state will recognize a marriage performed or celebrated in another state as long as it follows the requirements set by the law of that state. 

Hence, a marriage validly solemnized or performed abroad will also be valid in our country even though it did not comply with the procedures and requirements set by our Family Code. There are exceptions to this rule, however.

 

Article 26 of our Family Code that specifically adopts the rule of LEX LOCI celebrationis

excludes from the rule certain prohibited marriages.

These include cases where a party is below eighteen (18) years of age at the time of marriage or is psychologically incapacitated to comply with the essential marital obligations;

mistake in identity of a spouse; subsequent marriages celebrated without properly terminating, liquidating and distributing the properties of a previous marriage;

bigamous or polygamous marriages; incestuous marriages; or void marriages for reason of public policy such as marriage between collateral blood relatives up to fourth civil degree or between step-parent and step-child.

 

Applying the foregoing to your case, if your marriage abroad is considered valid in that country, which means it complies with the procedure and requirements prescribed by its laws, and it does not fall under the category of prohibited marriages, then your marriage is also valid and will be recognized in our country.

 

The fact that your marriage was not registered in our country will not affect its validity

. Registration in the civil registry is not required by law to give validity to an act or occurrence.  It is merely done to record an event affecting civil status of persons. 

 

At best, it only serves as evidence of the act or occurrence. 

Thus, our Supreme Court has ruled that “the mere fact that no record of the marriage exists does not invalidate the marriage, as long as in the celebration thereof, all requisites for its validity are present” (People vs. Borromeo, 133 SCRA 106).

It is the presence or absence of the requisites of marriage that ultimately determines the validity of marriage, not the registration.

 

 

http://www.manilatimes.net/marriage-solemnized-abroad-unregistered-locally-valid-ph/149861/

[Jack Peterson]

 The legal side of this is clear but and there is always a But! the Churches side is not so accommodating. Try and get a child baptized here if one of you, is NOT a Catholic.

 

Scenario:

 

I am from Jewish Stock and took my Bar- Mitzva at the age of 13. A Legally married person under Philippine Law and married here, I had no end of Problems with getting the Church to acknowledge this. They were adamant  they would never baptize an offspring of a mixed marriage like this. Now if this is what they will say about a Philippine Marriage, what do you think they will say about a marriage conducted outside the Philippines.

 

The Law may be the law and for all intents and purposes be correct but... believe me it is not the way certain things turn out and even the Law ( It Seems) can't tell the church what to do. I am not Church bashing but as usual, things are never Black and white here, We must all look out for and be aware of the grey Areas that sometimes the law has no control over.

 

A good Topic Pittman but as with many things here, just because the law says things are good, we must all look at the outcome of certain things.

 

My daughter at 15 is still not Baptized and can Not marry in a Catholic Church, how fair is that? YET! the Law says the marriage is recognized

 

Sometimes as we all know, the law can "Be an ASS" 

 

 Sermon Over

 

 

JP

[Gerald Glatt]

Jack,  Your daughter may not marry in the Church because she is not Catholic.  She may take classes and become Catholic and marry in the church if she wishes. My first marriage was done in a protestant church without an attending Catholic priest (at the request of brides parents) and after 36 years we divorced, 2 years later went to see priest to annul the marriage so I could marry Fe. This was not needed as I was not married according to Church law.  I asked Father Leo if I had ben living in sin for 36 years and he said "yes, for your penance consider time served" :no: 

 

My parents were married in the rectory rather than the church as he was not Catholic,  my brother and I we baptized Catholic with all the joys and guilt of the religion. :999: 

 

On the upside it is much less money to have a civil service. :cheersty:  Besides isn't she a bit young to marry. :thumbsup: