Foreign Marriage

Someone asked me, "I have a friend who...

got married in Singapore following local rites there. Both spouses are Filipinos of Chinese descent. Is their marriage valid, even if they did not marry in front of the consul in the Phil Embassy? 

My answer is the marriage will be valid if it does not violate any legal prohibition.

The Family Code provides that

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, except those prohibited under Articles 35 (1), (4), (5) and (6), 36, 37 and 38. 

In this case, even though they were not married by the consul, the marriage will still be valid in the Philippines so long as it complies with all the requisites of Singapore law and is valid there. Provided however that it does not fall under those expressly prohibited by Philippine law for being incestuous or contrary to public policy.

Hence if the person is a divorcee who is remarrying without securing the declaration of nullity of his previous marriage, then the marriage will not be valid in Philippine law, even if it complies with all the requirements of Singapore law.

The list of prohibited marriages are as follows:

Art. 35. The following marriages shall be void from the beginning:

(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;
(2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;
(3) Those solemnized without license, except those covered the preceding Chapter;
(4) Those bigamous or polygamous marriages not failing under Article 41;
(5) Those contracted through mistake of one contracting party as to the identity of the other; and
(6) Those subsequent marriages that are void under Article 53.

Art. 37. Marriages between the following are incestuous and void from the beginning, whether relationship between the parties be legitimate or illegitimate:

(1) Between ascendants and descendants of any degree; and (2) Between brothers and sisters, whether of the full or half blood.

Art. 38. The following marriages shall be void from the beginning for reasons of public policy:

        (1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;         (2) Between step-parents and step-children;
        (3) Between parents-in-law and children-in-law;
        (4) Between the adopting parent and the adopted child;
        (5) Between the surviving spouse of the adopting parent and the adopted child;
        (6) Between the surviving spouse of the adopted child and the adopter;
        (7) Between an adopted child and a legitimate child of the adopter;
        (8) Between adopted children of the same adopter; and
        (9) Between parties where one, with the intention to marry the other, killed that other person's spouse, or his or her own spouse.