I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
The Philippines doesn't have absolute divorce; it has annulment. There is, however, what is known as partial or relative divorce; the actual term is legal separation. Regarding absolute divorce the following rules are to be observed:
1.) If a divorce case is brought in a Philippine court, regardless of the nationality of the parties, it won't be entertained.
2.) If the divorce suit is brought in a foreign court, the following things will happen:
a.) If between Filipinos -won't be recognized in the Philippines (due to nationality).
b.) If between foreigners -will be recognized in the Philippines if the foreign court has the jurisdiction to grant divorce and if the divorce is recognized by the personal law of the parties (national or domiciliary law.)
c.) If between a Filipino and a foreigner -recognized in the Philippines if obtained by the foreigner and valid according to his/her personal law.
If the Filipino spouse is the innocent party, the courts have decided that the divorce should be recognized in order to afford legal protection to the Filipino spouse.
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