Marriages Between Foreigners Abroad

Are Marriages Between Foreigners Abroad Valid Here in the Philippines?

Marriages between foreigners abroad are valid here in the country since our Philippine family laws apply the principle of lex loci celebrationis, that is, the law of the place. Therefore, if said marriages are valid in the place where celebrated, then such are likewise valid here in our country.

Validity of marriages between foreigners abroad extends to both its formal as well as its intrinsic requirements. However, with respect to its intrinsic validity, there are a few exceptions which if present, still invalidate the marriage. The exceptions include a) universally considered incestuous marriages, i.e. marriages between ascendants and descendants; and brothers and sisters; and b) marriages that are highly immoral, i.e. bigamous and polygamous marriages in Christian countries that prohibit such marriages (Handbook on Conflict of Laws, Justice Alicia V. Sempio-Dy, 2004 edition, 76-77)

Illustrations of the Rules of Marriages between Foreigners

Applying above rules in specific instances, the following are some illustrations (ibid., 77):

In case of proxy marriages or marriages where one of the parties is not personally present during the ceremony but with an authorized representative, our laws shall consider these marriages valid only if such are allowed by the family law of the country where celebrated.
In case of marriages celebrated on board a ship sailing in the high seas, such shall be recognized by our Family Laws Philippines if these follow the laws of the flag state. The latter refers to the country whose flag the ship is flying.
In case of Muslim marriages, our laws recognize as valid four marriages by the husband, as equally recognized under the Philippine Muslim Code on Personal Laws.

Indeed, it is very helpful to know whether marriages of foreigners abroad are considered valid here in our country, especially for those Filipino citizens who have existing relationships with them. Having knowledge of the rule of marriages between foreigners abroad serves as a good guide both to foreigners and their Filipino partners in assessing the future of their relationships.