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softail

Separation of husband and wife in the Philippines: The law of bigamy

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softail

Two kinds of separation exist in the Philippines; one is a separation in fact, where the married couple lives apart but has not filed papers or orders against one another.

The second kind of separation is ‘legal separation’. This is a process by which the courts deem you legally separated; in essence, you seek a declaration of that legal separation.

Under the Family Code of the Philippines Article #63 – “The decree of legal separation shall have the following effects: (1) the spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed.”

The overall problem with this code is that many, even foreigners, commit various crimes under the said law – from cheating or living with another person and various other crimes under the family code. One infraction is “bigamy,” the act of marrying again (or multiple times).

Bigamy under the Revised Penal Code, under Article #349 states:

“Article #349 – “Bigamy” – The penalty of prison shall be imposed upon any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings [mostly by court decree].”

In the Philippines the code defines two types of bigamy. The first is simply that you re-marry even though your first marriage has not been dissolved. The second is those who contract to marry without having a definitive judgment that the former spouse is truly dead.

It is easy for a foreigner in the Philippines to actually be married multiple times. “The Right To Marry” paper issued by the American Embassy in the Philippines is only a sworn statement and often no legal proof of divorce is noted.

Even though local and regional courts need the document, the ones that are often noted are not inspected for legality. In saying that, a good forged copy of those said documents can often be used and nobody knows the difference.

This in fact leaves loop-holes for those wanting to circumvent the system, but anyone can easily be put in the spotlight if bigamy is found. In several instances it is noted that the spouse, or new wife is married and illegal papers are produced to marry again, putting the noted new husband in the hot seat if the original Filipino husband learns of the proceedings.

A distant or long separated spouse retains many aspects of law in the Philippines, those laws can easily haunt the new boyfriend or girlfriend of that said separated marriage.

Simply living with or cohabiting with someone, far before anything related to bigamy comes about, can simply have any foreigner or unknowing party in serious trouble.

Many laws exist in the Philippines on the long standing “Family Code” and those that think otherwise are often sitting in jail or deported under circumstances that even they didn’t see coming.

http://philippineslifestyle.com/separation-of-husband-and-wife-in-the-philippines-the-law-of-bigamy/

 

 

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smokey

File this action under shi? Happens

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RangerUp

It's pretty funny that anyone would get married in a country that doesn't allow divorce.

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Jawny

Most marriages Ive witnessed, sincere vows are made between individuals. I don’t recall ever hearing a vow with a condition attached such as "if this doesn’t work we agree to end the relationship."

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Dafey
1 hour ago, Jawny said:

I don’t recall ever hearing a vow with a condition attached such as "if this doesn’t work we agree to end the relationship."

I have and those relationships inevitably fail.

1 hour ago, RangerUp said:

It's pretty funny that anyone would get married in a country that doesn't allow divorce.

Most people marry as they are in love and expect it to be happily ever after. Why would they care if the country allows divorce? They are not getting married so they can divorce.

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Richard K

For me there is just no reason to get married again. I am past the age to have children to make them legitimate...and by marrying my gf it would give her no further security beyond my good will. She is a widow and doesn't seem to need to be married either although she probably would if I insisted on it .. it just doesn't seem to be a need for either of us.

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Wrye83
30 minutes ago, Dafey said:

I have and those relationships inevitably fail.

Would be interesting to see the statistics on that. I would think those that are naive enough to believe that love lasts for ever are going to have higher rates of divorce/unhappiness. At least those admitting in their vows that things can go wrong have a better grasp on reality. Seems they would be the ones more likely to be able to resolve problems like rational adults.

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RangerUp
54 minutes ago, Dafey said:

Why would they care if the country allows divorce?

The same reason insurance exists:

3 hours ago, smokey said:

shi? Happens

 

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HTM
2 hours ago, RangerUp said:

It's pretty funny that anyone would get married in a country that .

1

Philippine allow divorce for some,  so it's not 100%, correct that they don't allow divorce 
And if you are a foreigner you can get a divorce in your country, and after getting it approved her. 

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SkyMan
6 hours ago, softail said:

It is easy for a foreigner in the Philippines to actually be married multiple times. “The Right To Marry” paper issued by the American Embassy in the Philippines is only a sworn statement and often no legal proof of divorce is noted.

Even though local and regional courts need the document, the ones that are often noted are not inspected for legality. In saying that, a good forged copy of those said documents can often be used and nobody knows the difference.

No need to bother with forged docs?  You can just swear to never having been married and none's the wiser.  That's how useless that document is.  An American can marry several times in the US many countries around the world and then come to the PI and they want this legal capacity BS that is $60 or whatever and proves nothing.

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RangerUp
11 minutes ago, HTM said:

Philippine allow divorce for some,  so it's not 100%, correct that they don't allow divorce 

:link:

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HTM

 

1 hour ago, RangerUp said:

:link:

Presidential Decree No. 1083

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Jawny

I have to share an experience I had with regard to getting the affidavit from the USA embassy when I was married here. I wasn’t fully clear about the affidavit, but did understand it’s importance with regard to being permitted to marry.  So, I dutifully join the small group of other USA citizens, raised my right hand and swore the truth about my claim of not being married.  

As I waited, I did my usual sort of fussing about details and realized I wanted another copy, although I wasn’t sure if I would need it.  Just a sort of mindless detail I was used to.  So, I got up, went to the window, and asked the clerk...."can I get a second copy?"  As I asked the question, a consular Officer was walking by, glanced at me and made a very clear answer with his glance.  No friggin way.

i was just thinking of it like some sort of record like a birth certificate, and having an extra copy was useful.

I got the affidavit, got married and moved on.  I’m sure I made for some great lunchtime gossip of the staff!

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TequilaSunset

The thought of getting married again.... BRB, need a drink.

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Chris24

Bigamy is having more wives than you need.

Monogamy is much the same. 

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