Living In The Philippines Forum

Living in The Philippines => Expat life in Philippines => Topic started by: Pelican on September 22, 2018, 03:24:17 AM

Title: Filipine divorce in America?
Post by: Pelican on September 22, 2018, 03:24:17 AM
I'm considering marriage to Filipina in Philippines.   She states she married American and got divorced in America, but now lives in RP.  Is there any complications in Philippine Divorce law that interferes with this kind of re-marriage?  Thank you.
Title: Re: Filipine divorce in America?
Post by: Steve & Myrlita on September 22, 2018, 03:35:30 AM
I'm considering marriage to Filipina in Philippines.   She states she married American and got divorced in America, but now lives in RP.  Is there any complications in Philippine Divorce law that interferes with this kind of re-marriage?  Thank you.
Possible. Did she marry in The Philippines or the USA? If she married in the US there may or may not be a record in the National Statistics Office. If she married in the RP, did she div her husband or did her husband div her?
Title: Re: Filipine divorce in America?
Post by: Lee2 on September 22, 2018, 05:14:22 AM
I'm considering marriage to Filipina in Philippines.   She states she married American and got divorced in America, but now lives in RP.  Is there any complications in Philippine Divorce law that interferes with this kind of re-marriage?  Thank you.
There is only annulment in the Philippines, so far and that can cost p100,000 and up.
Title: Re: Filipine divorce in America?
Post by: bigrod on September 22, 2018, 07:41:54 AM
FYI:  https://news.abs-cbn.com/news/04/24/18/supreme-court-says-foreign-divorce-valid-in-ph

Chuck
Title: Re: Filipine divorce in America?
Post by: Peter on September 22, 2018, 09:41:18 AM
Peilcan.

The relevant authority in the Philippines is the "EXECUTIVE ORDER NO. 209, THE FAMILY CODE OF THE PHILIPPINES July 6, 1987" as amended by RA 8533 and subsequent RA"s.

Check the "Chan Robles Virtual Law Library" online for the above and all its amending Republic Acts. (There are quite a few amendments.)

Basically, it boils down to who divorced whom.

1. If a foreigner petitioned for divorce from his Filipino spouse, the divorce is recognised in the Philippines and the both can remarry and any subsequent marriage is recognised in the Philippines.

2. If the Filipino petitioned for divorce, the foreigner's divorced status is recognised and they are entitled to remarry,, but the Filipino is still regarded as "legally" married, by the Philippines law.

3. If a Filipino divorces a Filipino (overseas obviously) then the divorce is not recognised by the Philippines and both are still recognised as "legally" married by the Philippines Law.

Not fair? Bills are, and have been for a number of years, under discussion in the Philippines' Congress to level the playing field but, AFAIK, have come to nothing.

Best to get proper legal opinion. Preferably from at least two attorneys specialising in Philippines' Family Law, as there are some shyster lawyers out there who will tell you anything you want to hear, as long as you ante up the money.

Peter
Title: Re: Filipine divorce in America?
Post by: Peter on September 22, 2018, 10:39:22 AM
FYI:  https://news.abs-cbn.com/news/04/24/18/supreme-court-says-foreign-divorce-valid-in-ph

Chuck

Chuck.

Although the Supreme Court made their decision last April, until there is an "Enabling Act/Guidlines" (my words) another RA/EO or something similar, as far as I understand the Filipino Law System, Article 26 of the Family Code will still stand as it reads.

The other thing to think on, will the decision, when it becomes the law of the land, be retroactive? I sure hope so!

The sooner the Vatican is the only one left on that particular list, the better. IMHO of course.

Peter
Title: Re: Filipine divorce in America?
Post by: bigrod on September 22, 2018, 11:29:12 AM
Chuck.

Although the Supreme Court made their decision last April, until there is an "Enabling Act/Guidlines" (my words) another RA/EO or something similar, as far as I understand the Filipino Law System, Article 26 of the Family Code will still stand as it reads.

The other thing to think on, will the decision, when it becomes the law of the land, be retroactive? I sure hope so!

The sooner the Vatican is the only one left on that particular list, the better. IMHO of course.

Peter

Actually the SC interpreted an EO issued by Corey.  JMHO

https://www.google.com.ph/search?rlz=1C1GCEA_enPH809PH809&ei=erSlW7f0C9HU-Qbk-7ugDw&q=did+the+philippine+sup-reme+court+ruling+on+divorce+in+apr+2018+chnge+the+family+code&oq=did+the+philippine+sup-reme+court+ruling+on+divorce+in+apr+2018+chnge+the+family+code&gs_l=psy-ab.12...0.0.0.218653.0.0.0.0.0.0.0.0..0.0....0...1c..64.psy-ab..0.0.0....0.81C2lyqRbtY (https://www.google.com.ph/search?rlz=1C1GCEA_enPH809PH809&ei=erSlW7f0C9HU-Qbk-7ugDw&q=did+the+philippine+sup-reme+court+ruling+on+divorce+in+apr+2018+chnge+the+family+code&oq=did+the+philippine+sup-reme+court+ruling+on+divorce+in+apr+2018+chnge+the+family+code&gs_l=psy-ab.12...0.0.0.218653.0.0.0.0.0.0.0.0..0.0....0...1c..64.psy-ab..0.0.0....0.81C2lyqRbtY)

Chuck
Title: Re: Filipine divorce in America?
Post by: bigrod on September 22, 2018, 11:39:00 AM
Excerpt from Rappler one of the previously posted articles:  Manalo went to court in Dagupan in the Philippines to have her divorce recognized here. The trial court in Dagupan denied her petition. She then went to the Court of Appeals (CA), where she scored a victory in 2014.

The CA ruled that Manalo should have the right to remarry. It applied the amended Article 26(2) of the Family Code. Former president Corazon Aquino issued an executive order that amended the provision so that it included this:

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a 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 Philippine law.

The Philippine government, through the Office of the Solicitor General (OSG), went to the SC to try to reverse the CA's ruling. Manalo won at the SC level, hence this landmark ruling.

Chuck
Title: Re: Filipine divorce in America?
Post by: Peter on September 22, 2018, 12:03:37 PM
Chuck.

Did I read the article incorrectly?

The family Code, as published in the Supreme Court archives, has not been brought up to date yet. So I hope they have promulgated the decision to the lower courts and the Philippine Bar Council members.

Mea cxulpa, if warranted!

The house divorce bill, which passed they passed, is still waiting for the Senate's version and will probably stay in limbo. Senator's, and would be Senators, need the Catholic Church support in the forthcoming elections. So nothing new there then!

Peter
Title: Re: Filipine divorce in America?
Post by: bigrod on September 22, 2018, 12:15:46 PM
Peter.

"Voting 10-3, magistrates of the high court ruled that a divorce obtained by a Filipino citizen against a foreign spouse overseas is valid in the Philippines."

Seems pretty clear to me!  They applied common sense to the law so it applies equally to both parties.  Like the US SC they are to interpret the laws of their country IAW the Constitution.

Per Supreme Court spokesperson Theodore Te said prior to Tuesday's ruling, a divorce abroad is only considered valid here in the Philippines when it is initiated by the foreign spouse

Chuck


Title: Re: Filipine divorce in America?
Post by: suzukig1 on September 22, 2018, 02:20:57 PM
I'm considering marriage to Filipina in Philippines.   She states she married American and got divorced in America, but now lives in RP.  Is there any complications in Philippine Divorce law that interferes with this kind of re-marriage?  Thank you.


If there is a PSA record (formerly NSO) of the previous marriage and you are going to get married in the PHL you will have to get the PSA record changed from married to divorced.  That will require a PHL court order.  Foreign divorces are recognized in the PHL but it is not automatic.

http://jlp-law.com/blog/judicial-recognition-of-a-foreign-divorce-decree/ (http://jlp-law.com/blog/judicial-recognition-of-a-foreign-divorce-decree/)

Isnít it enough that I already forwarded the divorce decree to the Philippine Embassy (or the Department of Foreign Affairs) and the National Statistics Office (NSO)?

No. The foreign divorce decree must be recognized here in the Philippines; a process which may only be done through the courts.

Why should we waste money in filing a petition in court for the recognition of the divorce decree?

This is the requirement of law, unfortunately. The divorce decree must be proven, just like any fact, in court. The presentation of the divorce decree is insufficient. Proof of its authenticity and due execution must be presented. This necessarily entails proving the applicable laws of the jurisdiction where the foreigner-spouse (who could be a former Filipino) is a national. One of the requirements under Article 26 is that the decree of divorce must be valid according to the national law of the foreigner.
Title: Re: Filipine divorce in America?
Post by: M.C.A. on September 22, 2018, 03:09:53 PM
I'm considering marriage to Filipina in Philippines.   She states she married American and got divorced in America, but now lives in RP.  Is there any complications in Philippine Divorce law that interferes with this kind of re-marriage?  Thank you.

If there's a way you'll need an original copy of the divorce decree especially if she's changed her name.