Dear PAO,
I am an Italian citizen who is currently residing in the Philippines. I married a Filipina in 2011, and our marriage was registered at the Consulate General of the Philippines in Milan. When we decided to live in the Philippines, I discovered that my Filipina wife had previously contracted two marriages, one in 1979 and another in 1991. I also discovered that the husbands of my wife in in both of these two marriages are still alive. I want to file a case to declare our marriage null and void before the Philippine courts. Can I do that even if I am a foreigner?
Aljure
Dear Aljure,
First and foremost, Article 26 of the Family Code of the Philippines states that “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.”
Although the same code recognizes marriages solemnized outside the Philippines to be valid as long as it is valid in the country where it was celebrated, this rule is not absolute, considering that the law provides certain prohibitions. One of the prohibitions provided by law is under Article 35 (4) of the Family Code, which covers bigamous or polygamous marriages not falling under Article 41.
Hence, if a certain marriage is considered as bigamous or polygamous marriage, even if it was validly celebrated in accordance with the foreign law, such marriage will not be valid in the Philippines as it is considered as void marriage.
With regard to your question on whether you can file a case for declaration of nullity of marriage with the Philippine court, in the case of Gianni De Munari vs. Thelma Gagui Asprec, G.R. No. 262831, 07 April 2025, the Supreme Court, through Honorable Associate Justice Maria Filomena D. Singh, ruled that a foreign national has the personality to file a petition for declaration of nullity of a bigamous marriage with a Filipino spouse. The pertinent portions of the Decision read as follows:
“Significantly, Section 2 (a) of SC Administrative Matter No. 02-11-10SC or The Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages, specifically provides:
“SECTION 2. Petition for declaration of absolute nullity of void marriages. (a) Who may file. - A petition for declaration of absolute nullity of void marriage may be filed solely by the husband or the wife.
“This provision clearly states that only either the husband or the wife may file a petition to declare the marriage void. It is important to note that there is no distinction between Filipinos and foreigners regarding who may institute an action for nullity of marriage.”
Applying these pronouncements to your case, you may file a case for declaration of nullity of your marriage with your Filipina spouse, to prove it is bigamous. The rules are clear. It makes no distinction between Filipinos and foreigners in terms of power or right to file the petition.
We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
