The Civil Code doesn’t allow divorce (Art. 15).
However, there’s a divorce allowed under Philippine law. It is the one recognized under Presidential Decree 10831 or the Code of Muslim Personal Laws of the Phillippines.
Article 13 of this Code states that divorce will apply where both parties are Muslim, or where only the male party is Muslim and the marriage was solemnized according to the Muslim law or the Code.
If the marriage is between a non-Muslim and a Muslim but was not solemnized in accordance with the Muslim law or Code, the provisions of the Civil Code will apply.
In addition, a Divorce Decree between a foreigner and a Filipino spouse issued by a foreign court may be recognized in the Philippines only after filing a Petition for Recognition of Foreign Judgement.
Once the divorce decree is judicially recognized in the Philippines, the Filipino spouse can remarry.
Update: The House Bill 7303 and Senate Bill 288 are bills that seek to introduce absolute divorce and dissolution of marriage in the Philippines. HB 7303 is now on the third (and final) reading at the House of Representatives while SB 288 is currently pending with the Committee.
Go back to the main article: How to File Annulment in the Philippines: An Ultimate Guide