JURISDICTION: Bigamy

Case Problem :

M married F here in the Philippines. Both are natural-born Filipino citizens. After years of marriage, M contracted a second marriage in a foreign country after obtaining a divorce therein. Is there Bigamy? Is the divorce obtained by M in a foreign country valid? Is the second marriage legal?



Answer:

The State has jurisdiction over its national (nationality principle/personal jurisdiction). It is based on the theory that a national is entitled to the protection of the State wherever he may be and is therefore, bound to it by a duty of obedience and allegiance. This duty follows him even when he is outside the territory of his state and he may not be ordinarily be excused from it unless he is prepared to renounce his own nationality.

An example of the assertion of this personal jurisdiction by the Republic of the Philippines is found in Article 15 of the Civil Code, which provides that “laws relating to family rights and duties, or to the status, condition and legal capacity of persons, are binding upon citizens of the Philippines , even living abroad.

Therefore, M in this case has committed Bigamy because he enter into a second marriage where his 1st marriage was still valid and existing. The second marriage is considered void ab initio. The divorce he obtained in a foreign country is not valid in the Philippines. As being a natural-born citizen of the Philippines, they are bound by its laws, more specifically concerning family rights and duties wherever they may be.