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- Are marriages celebrated overseas between
foreigners recognized in the Philippines?
In accordance with the principle of lex loci celebrationis, marriages celebrated
abroad between foreigners are also valid in the Philippines. However, if such marriage is highly immoral, such as when it is bigamous, polygamous or universally considered as incestuous, it cannot be given recognition here.
The term "universally considered incestuous" covers marriages between ascendants and descendants or those between brothers and sisters, whether they be illegitimate or legitimate.
Thus, marriages between two French first cousins celebrated in Paris, will be recognized as valid
here not only because of lex loci celebrationis, but also because such marriage is not considered to be universally incestuous.
- What law shall govern marriages of
foreigners in the Philippines?
Whenever foreigners are to be married in the Philippines, their
capacity to marry shall be governed by their national law, as can be
gleaned from Article 21 of the family Code which states that:
"When either or both of the contracting parties are citizens
of a foreign country, it shall be necessary for them before a marriage
license can be obtained, to submit a certificate of legal capacity to
contract marriage, issued by their respective diplomatic or consular
officials."
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