Case Problem under jurisdiction

Problem : M married F here in the Philippines. Both are Filipino citizens. After years of marriage, M contracted a second marriage in a foreign country after obtaining a divorce therein.

Ans. Yes. In accordance with International law the accused is guilty of the crime of bigamy through the principle of prescriptive jurisdiction over the person.By the exercise of the prescriptive jurisdiction, the spouse may file a complaint in court. The court may proceed to investigate and find probable cause. It claims jurisdiction over the person by appropriate notice or summon.The Philippines has prescriptive jurisdiction over the person but not enforcement jurisdiction as he is not in the country. The principle of nationality jurisdcition is applicable where the state has its jurisdiction towards its national in return the citizen is oblige to be govern by that particular law being implemented.

Revised Penal code of the Philippines also provide the essential requisites of the crime of bigamy,

1) the offender is legally married; (2) the marriage is not legally dissolved; (3) the offender contracts a second or subsequent marriage; and, (4) the second or subsequent marriage is valid except for the existence of the first marriage.

This particular provision of law is applicable towards the citizen of the Philippines.

Is the second marriage valid?
No. In accordance with the New Civil code of the Philippines it provides through Art. 17. Laws relating to the family rights and duties, or status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.

2.M married F here in the Philippines. Both are Filipino citizens. M and F went abroad and obtain a divorce therein. Thereafter, M married C a citizen of such foreign country.

Is there a valid divorce?

NO, Article 26 second paragraph of the family code provides marriage between a Filipino citizen and a foreigner is validly celebrated and divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewise have capacity to remarry under the Phil. law.

Divorce is being granted only to those alien individual, concerning our citizen it is not being granted because our family code does not provide divorce but only legal separation and annulment.

Is there bigamy?

Yes in so far M is concerned because our family code does not grant divorce to its citizen, marriage is still valid and binding in the Philippines.The marriage of M in the Philippine is still subsisting and valid, and being valid it qualify under the essential requisites for the crime of bigamy.

In international law aspect concerning jurisdiction, the principle of nationality jurisdiction will apply.

M being a citizen of the Philippines is being governed by this two laws.