Divorce Granted Under Indigenous Customs Not Recognized by Philippine Law

Cristita Anaban, et al. v. Betty Anaban-Alfiler, et al., G.R. No. 249011, March 15, 2021

Imagine a couple, deeply rooted in their indigenous culture, seeking to dissolve their marriage according to the customs of their tribe. They believe they are free to remarry, only to find out years later that their divorce is not recognized by the state. This was the harsh reality faced by the Anaban family, whose case reached the Supreme Court of the Philippines. The central legal question was whether a divorce granted under the customs of the Ibaloi tribe could be recognized under Philippine law, and what implications this had on the legitimacy of children born from a subsequent marriage.

The case of Cristita Anaban and her siblings versus Betty Anaban-Alfiler and others revolved around the estate of their father, Pedrito Anaban. Pedrito had married Virginia Erasmo in 1942 according to Ibaloi customs, but later divorced her in 1947 on the grounds of her insanity, also following Ibaloi customs. He then married Pepang Guilabo in 1952, again according to Ibaloi customs, and had eight children with her, including the petitioners. After Pedrito’s death, a dispute arose over the inheritance of his estate, with the legitimacy of the children from the second marriage at the heart of the matter.

Legal Context: Marriage, Divorce, and Indigenous Customs in the Philippines

Under Philippine law, the recognition of marriages solemnized according to indigenous customs is governed by Article 78 of the old Civil Code, which states, “Marriages between Mohammedans or pagans who live in the non-Christian provinces may be performed in accordance with their customs, rites or practices.” However, this provision does not extend to the dissolution of marriages. The Supreme Court has consistently ruled that customs and traditions cannot override existing laws unless specifically provided for.

The concept of bigamy is crucial here. Bigamy occurs when a person contracts a second marriage without the first marriage being legally dissolved. The Family Code of the Philippines, which took effect in 1988, does not recognize divorce except for Muslim Filipinos under the Code of Muslim Personal Laws. For other Filipinos, only death or annulment can legally dissolve a marriage.

The term legitimacy refers to the legal status of children born within a valid marriage. Legitimate children inherit equally with other legitimate children, while illegitimate children receive a smaller share. In this case, the legitimacy of the children from Pedrito’s second marriage depended on the validity of his divorce from Virginia.

The Indigenous Peoples’ Rights Act (IPRA) of 1997 also plays a role. While it recognizes marriages solemnized according to indigenous customs, it does not mention the recognition of divorce or dissolution of marriages. This lack of recognition was a key factor in the Supreme Court’s decision.

Case Breakdown: The Journey Through the Courts

The Anaban family’s legal battle began with a petition for the partition of Pedrito’s estate filed by his children from his first marriage. They argued that Pedrito’s second marriage to Pepang was bigamous because his first marriage to Virginia had not been legally dissolved.

The Municipal Circuit Trial Court (MCTC) initially ruled in favor of the petitioners, recognizing the divorce granted by the Ibaloi council of elders and declaring all of Pedrito’s children as legitimate heirs. However, the Regional Trial Court (RTC) overturned this decision, declaring Pedrito’s second marriage bigamous and void, and classifying the petitioners as illegitimate children.

The Court of Appeals (CA) affirmed the RTC’s decision, emphasizing that the old Civil Code and the IPRA only recognized marriages solemnized according to indigenous customs, not their dissolution. The Supreme Court upheld this ruling, stating:

“A valid divorce can be granted only by the courts and for the reasons specified in Act No. 2710… A divorce cannot be had except in that court upon which the state has conferred jurisdiction, and then only for those causes and with those formalities which the state has by statute prescribed.”

The Supreme Court further clarified:

“Customs which are contrary to law, public policy and public order cannot be recognized.”

The key procedural steps included:

• Filing of the petition for partition of Pedrito’s estate by his children from the first marriage.
• The MCTC’s decision recognizing the divorce and declaring all children as legitimate heirs.
• The RTC’s reversal, declaring the second marriage bigamous and the petitioners as illegitimate.
• The CA’s affirmation of the RTC’s decision.
• The Supreme Court’s final ruling upholding the lower courts’ decisions.

Practical Implications: Navigating Indigenous Marriages and Inheritance

This ruling has significant implications for individuals from indigenous communities who rely on customary laws for marriage and divorce. It highlights the need for legal recognition of indigenous customs beyond marriage solemnization to include dissolution, to prevent situations where subsequent marriages are deemed bigamous.

For those involved in estate planning or inheritance disputes, understanding the legal status of marriages and children is crucial. If a marriage is not legally dissolved, any subsequent marriage can be considered bigamous, affecting the legitimacy of children and their inheritance rights.

Key Lessons:

• Indigenous customs for marriage solemnization are recognized, but not for divorce or dissolution.
• Bigamy can void a subsequent marriage, affecting the legitimacy of children and inheritance rights.
• Individuals from indigenous communities should seek legal advice to ensure their marriages and divorces are recognized under Philippine law.

Frequently Asked Questions

Can marriages solemnized according to indigenous customs be recognized in the Philippines?
Yes, marriages solemnized according to indigenous customs are recognized under Article 78 of the old Civil Code and the Indigenous Peoples’ Rights Act (IPRA).

Are divorces granted under indigenous customs recognized in the Philippines?
No, the Supreme Court has ruled that divorces granted under indigenous customs are not recognized, as they are not provided for under existing laws.

What happens if a person remarries without legally dissolving their first marriage?
The second marriage can be considered bigamous and void, affecting the legitimacy of children from that marriage and their inheritance rights.

How can individuals from indigenous communities ensure their marriages and divorces are legally recognized?
They should seek legal advice to ensure compliance with Philippine laws, which may require formal annulment or legal dissolution of the marriage.

What are the inheritance rights of illegitimate children in the Philippines?
Illegitimate children are entitled to inherit from their parents but receive a smaller share compared to legitimate children.

ASG Law specializes in family law and indigenous rights. Contact us or email hello@asglawpartners.com to schedule a consultation.