Art. 26. 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 (lex loci celebrationis).
The exceptions to the rule are the
following:
1. If either or both of the parties
did not have the legal
capacity to get married (Art.
35 [1], FC);
2. The marriage is immoral for being bigamous or
polygamous (Art. 35 [4], FC);
3. Consent of one party is lacking
because of mistake as to the
identity of the
other (Art. 35 [5], FC);
4. The subsequent marriages that are void under Art. 53 (Art.
35 [6], FC);
5. One of the parties is psychologically incapacitated at the time of the marriage to comply
with the essential marital obligations (Art. 36, FC);
6. The marriage is incestuous (Art. 37, FC);
or
7. The marriage is void by reason of public policy (Art. 38,
FC) (Desiderio P. Jurado, Civil Law Reviewer, 2006 ed., pp 73-74)
BAR (1989)
Robert and Evelyn, both Filipinos,
met in Los Angeles, California. They agreed to get married on June 10, 1989. On
June 7, 1989, Robert flew to New York due to an urgent business matter but
intended to return to Los Angeles on June 9, 1989, in time for the wedding. The
business emergency of Robert, however, lasted longer than expected so that he
failed to return to Los Angeles. In order not to postpone the wedding, Robert
immediately called his brother Val who was also residing in Los Angeles to
stand as his proxy at the wedding, which the latter did. Is the marriage of
Robert and Evelyn valid in the Philippines?
Answer. If the marriage was performed
in accordance with the laws of California and valid there, then the marriage is
likewise valid in the Philippines.
Answer: No. Although Robert and Evelyn are both
living in California, still Philippine law governs their family or personal
status for they are both Filipino citizens. There is no such thing as marriage
by proxy here in the Philippines. Hence, the marriage of Robert and Evelyn is
invalid.
(The doctrine that was reiterated in UP Answers to Bar Examination Questions is the presumption that in the absence of proof of foreign law, the same is similar to Philippine Law. Hence, the marriage is void.)
(The doctrine that was reiterated in UP Answers to Bar Examination Questions is the presumption that in the absence of proof of foreign law, the same is similar to Philippine Law. Hence, the marriage is void.)
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