Jump to content
Sign in to follow this  
Paul

Family Code of the Philippines

Recommended Posts

Paul

Questions and answers about divorce between a Filipino National and a foreign spouse:

 

I am Filipino National, married to an American citizen. My spouse has obtained a divorce in the USA. May I remarry in the Philippines?

Title I, Chapter 1 (Requisites of Marriage), Article 26:.

 

All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 36, 37 and 38.

 

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 have capacity to remarry under Philippine law. (As amended by Executive Order 227)

Title I, Chapter 3 (Void and Voidable Marriages), Article 35:

 

The following marriages shall be void from the beginning:

    (1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians; (2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;
     
    (3) Those solemnized without license, except those covered the preceding Chapter;
     
    (4) Those bigamous or polygamous marriages not failing under Article 41;
     
    (5) Those contracted through mistake of one contracting party as to the identity of the other; and
     
    (6) Those subsequent marriages that are void under Article 53.

Title I, Chapter 3 (Void and Voidable Marriages), Article 36:

 

A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization. (As amended by Executive Order 227)

 

Title I, Chapter 3 (Void and Voidable Marriages), Article 37:

Marriages between the following are incestuous and void from the beginning, whether relationship between the parties be legitimate or illegitimate:

    (1) Between ascendants and descendants of any degree; and (2) Between brothers and sisters, whether of the full or half blood.

Title I, Chapter 3 (Void and Voidable Marriages), Article 38:

 

 

The following marriages shall be void from the beginning for reasons of public policy:

    (1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree; (2) Between step-parents and step-children;
     
    (3) Between parents-in-law and children-in-law;
     
    (4) Between the adopting parent and the adopted child;
     
    (5) Between the surviving spouse of the adopting parent and the adopted child;
     
    (6) Between the surviving spouse of the adopted child and the adopter;
     
    (7) Between an adopted child and a legitimate child of the adopter;
     
    (8) Between adopted children of the same adopter; and
     
    (9) Between parties where one, with the intention to marry the other, killed that other person's spouse, or his or her own spouse.

Title I, Chapter 3 (Void and Voidable Marriages), Article 41:

A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the civil code an absence of only two years shall be sufficient. For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse.

 

 

Title I, Chapter 3 (Void and Voidable Marriages), Article 53:

 

Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void.

Share this post


Link to post
Share on other sites
Penguin

Good question, per the letter of the law, I would say no.

Share this post


Link to post
Share on other sites
State Trooper

Absolutely YES. According to Article 26 Paragraph 2 of the Philippine Family Code

 

"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 have capacity to remarry under Philippine law".

 

 

I am American. I married a Filipina in Cebu. I divorced her through the US courts. I remarried another Filipina and my ex-wife also remarried in the Philippines.

 

As long as the FOREIGNER is the one who brings the action, that means the foreigner is the PLAINTIFF, then the Filipino gets the legal capacity to remarry. Do Not let any attorney tell you otherwise because there are many Filipino attorneys who do not agree with the law and therefore choose to ignore it.

 

Just get a certified copy of the divorce decree to prove your legal status.

Share this post


Link to post
Share on other sites
shadow
Questions and answers about divorce between a Filipino National and a foreign spouse:

 

I am Filipino National, married to an American citizen. My spouse has obtained a divorce in the USA. May I remarry in the Philippines?

Title I, Chapter 1 (Requisites of Marriage), Article 26:.

 

All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 36, 37 and 38.

 

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 have capacity to remarry under Philippine law. (As amended by Executive Order 227)

Title I, Chapter 3 (Void and Voidable Marriages), Article 35:

 

The following marriages shall be void from the beginning:

    (1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians; (2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;
     
    (3) Those solemnized without license, except those covered the preceding Chapter;
     
    (4) Those bigamous or polygamous marriages not failing under Article 41;
     
    (5) Those contracted through mistake of one contracting party as to the identity of the other; and
     
    (6) Those subsequent marriages that are void under Article 53.

Title I, Chapter 3 (Void and Voidable Marriages), Article 36:

 

A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization. (As amended by Executive Order 227)

 

Title I, Chapter 3 (Void and Voidable Marriages), Article 37:

Marriages between the following are incestuous and void from the beginning, whether relationship between the parties be legitimate or illegitimate:

    (1) Between ascendants and descendants of any degree; and (2) Between brothers and sisters, whether of the full or half blood.

Title I, Chapter 3 (Void and Voidable Marriages), Article 38:

 

 

The following marriages shall be void from the beginning for reasons of public policy:

    (1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree; (2) Between step-parents and step-children;
     
    (3) Between parents-in-law and children-in-law;
     
    (4) Between the adopting parent and the adopted child;
     
    (5) Between the surviving spouse of the adopting parent and the adopted child;
     
    (6) Between the surviving spouse of the adopted child and the adopter;
     
    (7) Between an adopted child and a legitimate child of the adopter;
     
    (8) Between adopted children of the same adopter; and
     
    (9) Between parties where one, with the intention to marry the other, killed that other person's spouse, or his or her own spouse.

Title I, Chapter 3 (Void and Voidable Marriages), Article 41:

A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the civil code an absence of only two years shall be sufficient. For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse.

 

 

Title I, Chapter 3 (Void and Voidable Marriages), Article 53:

 

Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void.

 

 

 

Yes, so long as the foriegner was the petioner. If the Filipino was the petitioner the answer is no.

 

Larry in Dumaguete

Share this post


Link to post
Share on other sites
fafemtp
Absolutely YES. According to Article 26 Paragraph 2 of the Philippine Family Code

 

"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 have capacity to remarry under Philippine law".

 

 

I am American. I married a Filipina in Cebu. I divorced her through the US courts. I remarried another Filipina and my ex-wife also remarried in the Philippines.

 

As long as the FOREIGNER is the one who brings the action, that means the foreigner is the PLAINTIFF, then the Filipino gets the legal capacity to remarry. Do Not let any attorney tell you otherwise because there are many Filipino attorneys who do not agree with the law and therefore choose to ignore it.

 

Just get a certified copy of the divorce decree to prove your legal status.

 

In august of 2006 I went to Angeles city and married my girlfriend whom I met online. I am an American Citizen, she is filipino. After bringing her to the US and after she got her Green Card, she left and went to live with her friends that she has here, I never knew about them. I asked her why she did that to me and she told me she only married me to get a greencard and to get to US. So after several months went by and I divorced her. Since her Green Card is still a conditional Green Card which expires next year, she will most likely be deported. Now I met a really nice and sincere filipina and I want to go to Philippines to marry her and bring her here . Is this allowed? I keep reading that Divorce is not legal in Philippines except for if the spouse who marries in Philippine is an alien and then divorces in his home country, then the divorce is allowed. I am and was an alien when i married before in Philippines. So am I allowed to marry again in Philippines now that I divorced my ex filipino wife and found a real and honest woman there? Just curious? Also, when I married my ex filipino wife, I was already a divorced man. The filipino wife was actually my 2nd marriage. I had to show my divorce papers from my 1st wife in order to marry my ex filipino wife at that time. So since they allowed me , a divorced man to marry before, they should allow me to marry again as a divorced man right?

Edited by Bob Ward

Share this post


Link to post
Share on other sites
Bob Ward
In august of 2006 I went to Angeles city and married my girlfriend whom I met online. I am an American Citizen, she is filipino. After bringing her to the US and after she got her Green Card, she left and went to live with her friends that she has here, I never knew about them. I asked her why she did that to me and she told me she only married me to get a greencard and to get to US. So after several months went by and I divorced her. Since her Green Card is still a conditional Green Card which expires next year, she will most likely be deported. Now I met a really nice and sincere filipina and I want to go to Philippines to marry her and bring her here . Is this allowed? I keep reading that Divorce is not legal in Philippines except for if the spouse who marries in Philippine is an alien and then divorces in his home country, then the divorce is allowed. I am and was an alien when i married before in Philippines. So am I allowed to marry again in Philippines now that I divorced my ex filipino wife and found a real and honest woman there? Just curious? Also, when I married my ex filipino wife, I was already a divorced man. The filipino wife was actually my 2nd marriage. I had to show my divorce papers from my 1st wife in order to marry my ex filipino wife at that time. So since they allowed me , a divorced man to marry before, they should allow me to marry again as a divorced man right?

 

The definition of insanity is doing the same thing over and over and expecting a different result.

Share this post


Link to post
Share on other sites
Big Rango

I was in the same situation, married in Cebu, took her to the US, got deployed, and the ol' medusa ran off and got a Vegas divorce.

 

I was able to remarry in Cebu rather easily. I had to apply for the license at the registrar, but they won't fully process it without the CENOMAR from the NSO. You resolve this issue by taking a certified copy of the divorce decree, your Certificate of Legal Capacity for Marriage from the embassy/consulate, your CENOMAR (you can apply for it online and have it sent to a filipino address) and your semi-completed license application to the NSO office there in downtown. There you can get an endorsement from the NSO official that will validate your CENOMAR as valid despite the listing of your previous filipino marriage. Have copies of your passport, arrival stamp, and birth certificate with you, I was asked for them, they just looked at it.

 

I did all this without any kind of greasing shenanigans, but I was also not demanding either. Be pleasant. It does take a little time, because the approving officer may not be in the office at the time. It is not procedure they perform often, but it is a standard one nonetheless.

 

The only variable is if that first marriage was in the Philippines or not. Also, the Church, well, I have no advice there, my wedding was a civil ceremony on the beach. Both times.

 

/Mildly insane.

Share this post


Link to post
Share on other sites
Huck Finn
The definition of insanity is doing the same thing over and over and expecting a different result.

 

 

 

Truer words have never been spoken.....

Share this post


Link to post
Share on other sites
Paul

My three rules regarding marriage to a Filipina:

 

1. Fall in love here.

2. Marry her here.

3. Stay here.

 

Any questions?

Share this post


Link to post
Share on other sites
fafemtp

Thanks Big Rango, Now I just need to find the right people where I go who will do the right job like you got. My g/f lives in Bulacan, just north of Manila. But she is just living there at her brother house helping him , she is really from Auguson del Norte. My problem is time and money lol. I am a firefighter/paramedic, I can only go there for 3 weeks. If i run into one snag I might run out of time. Should I just do a K1 visa for her? I can do that easily right?

 

I was in the same situation, married in Cebu, took her to the US, got deployed, and the ol' medusa ran off and got a Vegas divorce.

 

I was able to remarry in Cebu rather easily. I had to apply for the license at the registrar, but they won't fully process it without the CENOMAR from the NSO. You resolve this issue by taking a certified copy of the divorce decree, your Certificate of Legal Capacity for Marriage from the embassy/consulate, your CENOMAR (you can apply for it online and have it sent to a filipino address) and your semi-completed license application to the NSO office there in downtown. There you can get an endorsement from the NSO official that will validate your CENOMAR as valid despite the listing of your previous filipino marriage. Have copies of your passport, arrival stamp, and birth certificate with you, I was asked for them, they just looked at it.

 

I did all this without any kind of greasing shenanigans, but I was also not demanding either. Be pleasant. It does take a little time, because the approving officer may not be in the office at the time. It is not procedure they perform often, but it is a standard one nonetheless.

 

The only variable is if that first marriage was in the Philippines or not. Also, the Church, well, I have no advice there, my wedding was a civil ceremony on the beach. Both times.

 

/Mildly insane.

Share this post


Link to post
Share on other sites
Markham
Thanks Big Rango, Now I just need to find the right people where I go who will do the right job like you got. My g/f lives in Bulacan, just north of Manila. But she is just living there at her brother house helping him , she is really from Auguson del Norte. My problem is time and money lol. I am a firefighter/paramedic, I can only go there for 3 weeks. If i run into one snag I might run out of time. Should I just do a K1 visa for her? I can do that easily right?

The American K1 Visa is a Fianc

Share this post


Link to post
Share on other sites
fafemtp

The only variable is if that first marriage was in the Philippines or not. Also, the Church, well, I have no advice there, my wedding was a civil ceremony on the beach. Both times.

 

No my 1st marriage was here in US and divorce as well. My 1st wife was a real nitemare. I ended up getting sole custody of my daughter, child support which my deadbeat ex never paid, and she was ordered into anger management treatment and a bunch of other stuff which she never complied with. She fled from here (florida) and now lives in NJ i believe. We haven't heard from her in 8 years. The last time we saw her was in Dec. 2000 , she never even went to the final divorce hearing.

 

After 9/11 , i decided to become a firefighter. I was in my own building maintenance business and doing pretty good. But its a burn out business meaning it's 24/7. Always on call and stressed. I gave it up soon as I got into the fire academy. I graduated fire academy and went on to get my emt (emergency medical technician) degree and then couldn't get hired anywhere. I am too old I guess? Then I was just turning 39. I am now 43. All i am doing is volunteering at the fire department. I do the same job as a regular firefighter, only they dont pay hardly anything except give me a pension and about 30 dollars a shift. So I went on to earn my Paramedic degree and also my AAS diploma in EMS. So now i work as a paramedic for an ambulance company, volunteer 2 shifts a week at fire dept. and I work part time as an CNA nurse for a healthcare agency who specializes in providing nursing care to handicapped and terminally ill children. Fun huh? i dont do it because they pay well, i just feel sorry for a lot of these kids, their families can't or don't know how to deal with them. Most have some type of cancer or severe handicap. I guess it's hard for some people to hold and takecare of their dying child, so I do it for them. I can't judge them.

 

So one day in Jan 2006 i'm sitting here BSing with some other firefighters on Myspace.com and I get this message from this 19 year old girl from the Philippines. I almost didn't even open the message when I saw it was a 19 year old girl, I actually had the pointer sitting on the delete button. but I don't know, I just opened it, like I can't even remember why i did. But it was a nice message. She seemed very nice. She seemed lonely I guess. I knew nothing about the Philippines, absolutley nothing. So i talked to her, I figured the worst that can happen is I will learn something about the Philippines, right? I already said to my self soon as she starts asking me for money or giving me sob stories about being poor or asking me for stuff then I would put her on my ignore list. So we talked for a few weeks and I just fell into like lol. I liked her a lot. She was very mature, talked very nice to me. Never nasty , never asked me for a dime. She had been attending College for 2 years but her dad couldn't afford it anymore so she stopped. I went there 7 months later, met her mom and dad. She had turned 20 years old now. i was in love with her. I fell in love with her family too. Her dad is so nice, her family is really nice. They all speak English well. me and her dad talk all the time, even now we still talk. I don't think they talk to my ex much. I think they are embarassed of her. They even ask me to come stay with them when I go to Philippines. Anyway she turned out to be a real piece of crap. I know I am not the most pleaseant person to live with as my mom says lol. but I don't drink, smoke, do dope, or anything bad. I took care of her and gave her family money every month.

 

i met this new girl now, she is differen't . I know I know every bozo says the same thing lol. But I'm not a fool, atleast not anymore. I really just want to do K1 for her. This way that gives me another 6 or 7 months to know her more online and maybe 1 or 2 visits there to see her between now and her interview. And then also gives me another 3 months to live with her after she gets the visa and comes here and really be 10000% sure of everything. But the idea of marriage there came up and when I heard it might be a problem ,well i'm pissed off because I know what kinda BS the PH govt is. This is all a bunch of crap. Just like NBI clearence lol , Charles Mansion can get NBI clearence if the right hand is slipped a 500p note, now they are going to tell me I can't get married? The other reason, which is really the main reason I am mad is that I feel bad about dragging her here on a K1 and her family not being with her for the Wedding, etc, etc. She is really a good girl. She is not one of these online 20 hours a day girls. Of course I am going to really make sure when I get there, I know what to look for. But I am confident this one is good.

 

Here is the final thought, and i'm sorry for making this all so long of a post. But I have another idea. I always read things about how much more easy and up to date the people are in Cebu. Things are done more correctly there lets say. manila is a big massive piece of crap. And I just know I am going to get some asshole there at city hall or NSO who is a know nothing waste. And they going to make my life miserable with this. I just know it. Its my luck. But what if I take my girlfriend to Cebu and marry her there? I know she isn't a resident there but so what right? Maybe one of you guys can help me on that, let me use an address there? Help me out with this. I was planning on going to boracay with her, but I been there 4 times already, it sucks. But I hear Cebu is even nicer?? I want to go to Cebu and see it atleast. I can really use a break in life, just once please God lol. Anyone have any ideas on this for me?

Share this post


Link to post
Share on other sites
Paul

If your intention is to marry her here, once you have the marriage license, you can be married anywhere in the country.

 

However, you seem to be confused as to what you want to do... K1 and take her to the US? Marry her here and file a K3? What do I do? Honestly, before you jump and do anything, I would take a step back and think this whole thing over. I mean, I don't know how old you are, but damn, you have the rest of your life to be married.

 

Anyway, the bottom line to your previous questions are, yes. You can marry her here, no matter where either of you are from.

 

Just keep one thing in mind here. You have been burned once. So, you may want to think about the - once burned, twice shy line.

 

All I am saying is, TAKE YOUR TIME.

Share this post


Link to post
Share on other sites
fafemtp
The American K1 Visa is a Fianc

Share this post


Link to post
Share on other sites
fafemtp
If your intention is to marry her here, once you have the marriage license, you can be married anywhere in the country.

 

However, you seem to be confused as to what you want to do... K1 and take her to the US? Marry her here and file a K3? What do I do? Honestly, before you jump and do anything, I would take a step back and think this whole thing over. I mean, I don't know how old you are, but damn, you have the rest of your life to be married.

 

Anyway, the bottom line to your previous questions are, yes. You can marry her here, no matter where either of you are from.

 

Just keep one thing in mind here. You have been burned once. So, you may want to think about the - once burned, twice shy line.

 

All I am saying is, TAKE YOUR TIME.

 

Your right. i agree 100%. maybe I am rushing to much I guess. Thanks for helping me. I am 43. I guess the thing is also I am still young enough to have 1 or 2 kids yet in my life. I want that. I dont want to be 65 though and have kids just starting junior high if you know what I mean? College yes, but Tony Randall, no lol. I should just come there and spend the whole 3 weeks with just her and see where it goes right? And if all goes well, start K1 process.

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.
Sign in to follow this  

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use, Privacy Policy and Guidelines. We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue..