Foreign divorce does not end Philippine marriage, DOJ says

A Department of Justice official said Filipinos remain married under Philippine law even after obtaining a divorce abroad.

According to Justice Undersecretary Ian Norman Dato, divorce cannot be recognized in the Philippines because it is against the law, public policy and custom. A Filipino’s civil status follows the person wherever they go.

A marriage may only be dissolved through legal separation or annulment under the 1987 Philippine Constitution, which describes marriage as an inviolable institution.

Dato stressed that the child’s welfare is paramount in custody cases. Mothers may automatically receive custody of children up to seven years old, but custody can be awarded to the father if the mother is deemed unfit.

He added that the DOJ has increased the number of lawyers at the Public Attorney’s Office to assist those unable to pay for legal representation.

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