In art. 26 of the family code, the principle of Lex Loci Celebrationis apply. Assuming that a same-sex filipino couple got married in boston, such marriage is valid because subject of "SAME SEX MARRIAGE" is not contemplated under the prohibited articles (art 35 (1), (4), (5) and (6), 36, 37 and 38. My question is if indeed it is valid, what are the legal effects of such "unusual" marriage? Especially in the aspect of the regime, remarriage, succession, support etc.

Art 1 of the family code states that marriage is a special contract of permanent union between man and woman entered into in accordance with law, it will never be valid even entered into foreign land by filipino citizens.

property regime, it will not be allowed even co-ownership unless it was expressly stipulated as co-owners.

remarriage, they can marry anytime provided it must be permanent union between man and woman

succession - this will apply only to the free portion subject to the disqualification provided by law

support - no

So you're saying that article 26 does not apply in the case at bar?

So you're saying that article 26 does not apply in the case at bar?

this was asked by our instructor in the exam, and i remember my undergrad teacher that although a "couple" (same sex) are validly married in a state where same sex marriage are allowed, still they wont be accepted here in the philippines as valid. im really confused because we have lex loce celebrationis..

Art 17 of the civil code states the lex loci celebrationis but you failed to mention Art 15 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 though living abroad.

this means that even the "forms and contracts" are valid in the foreign country but if it affects the family rights and duties, or to the status, condition etc..it is prohibited because Phils laws affect Filipino citizen eventhough living abroad.