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Acknowledgment of Divorce in the Philippines


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shadow
24 minutes ago, SkyMan said:

I wonder if it is possible that if the pinoy husband had obtained Canadian citizenship before the divorce, then he would be considered a foreigner husband?  But then he was Filipino at the time of the marriage so that might not matter.

Yes, the Supreme Court has ruled in favor of a pinoy who obtained foreign citizenship prior to getting divorce.

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First of all thank you so much for all the kind responses. I've been part of this forum for quite some years and it never ceases to amaze me just how helpful everyone is. So again thanks everyone.

Of course, after Andy's divorce is final, he could just take his new lady to another country to marry her without going through the Philippine authentication process. Depending on whether or not that

Not the church, some crazed council woman, Cherry Pie or some other weird name. My comment was a misunderstanding of what Shadow, wrote.  Never mind.

RogerDuMond

The purpose of taking the paperwork to the court is not actually to have it recognized. They will review the paperwork and the validation that the Philippine Embassy in your home country accomplished and order the PSA to include the information in their records. The PSA will not enter it into their records without an order from the court and will not issue a CENOMAR without it being in the record. While it is basically the same thing that has been said, the slight difference is important.

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fred42

Supreme Court says foreign divorce valid in PH.

 

Quote

 

MANILA (UPDATE) - Filipinos divorced in other countries are allowed to remarry under Philippine law, the Supreme Court said Tuesday.

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.

In the case of Marelyn Tanedo Manalo, the court noted Article 26 (2) of the Family Code which provides that "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 the capacity to remarry under Philippine law."

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.

Magistrates who dissented were Mariano del Castillo, Estela Perlas-Bernabe, and Alfredo Benjamin Caguioa.

Associate Justice Francis Jardeleza refrained from voting due to his previous participation in the case as Solicitor General, while Chief Justice Maria Lourdes Sereno is still on leave, Te said.

https://news.abs-cbn.com/news/04/24/18/supreme-court-says-foreign-divorce-valid-in-ph?fbclid=IwAR1hbQN8ssoGQfN5d_AZkooomWrEjTkfRUUTEGMsZgeImxwE_zmmrQ6ICps

In the case at hand, a lower court had ruled that the above-stated provision of the Family Code did not apply in the case because it was the Filipino spouse that initiated the divorce.

But the Court of Appeals overturned the decision, holding that Article 26 of the Family Code applies even if it was the Filipino spouse who filed for divorce against the foreign spouse because the decree obtained makes the foreigner no longer married to the Filipino, enabling the foreigner to remarry. 

The appellate court held that it would be unjust to consider the Filipino still married to the foreigner who is no longer considered married to the Filipino. 

The Supreme Court sustained the appellate court's ruling. 

The Philippines and the Vatican remain as the only states in the world where divorce is outlawed. Annulments are legal in the Philippines, but the process is costly and could take years.

The House of Representatives last month passed a divorce law on final reading. President Rodrigo Duterte has expressed opposition to the measure. 

 

 

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SkyMan

Then the other shoe.....what if a Filipino OFW divorces their Pinoy spouse in another country?

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Jawny

The SC ruling applied to a divorce between a foreigner and Filipino. Doesn’t apply to a Filipino couple.  

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SkyMan
17 minutes ago, Jawny said:

The SC ruling applied to a divorce between a foreigner and Filipino. Doesn’t apply to a Filipino couple.  

Exactly but the SC reasoning is the same in both cases.  The OFW is now free to remarry while the spouse at home cannot.

5 hours ago, fred42 said:

But the Court of Appeals overturned the decision, holding that Article 26 of the Family Code applies even if it was the Filipino spouse who filed for divorce against the foreign spouse because the decree obtained makes the foreigner no longer married to the Filipino, enabling the foreigner to remarry. 

The appellate court held that it would be unjust to consider the Filipino still married to the foreigner who is no longer considered married to the Filipino. 

Same situation as I described.  One spouse is divorced and can remarry while the other is still considered married to the first.

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Jawny

Asked and answered. 

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SkyMan

Not answered. 

Of course, it will take an additional SC case to bring this up and then the SC would have to try to find a way to justify this only in the case of a foreigner/pinoy but not for Filipinos which would counter their own decision in this case.  If that case rules along the same lines, then there will be the outcries of, "why can OFWs divorce and not everyone?"  And those with the money will be looking to get visas to countries where they can get a quicky divorce.

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smokey

So a foreigner.can.tech. have his younger wife who married him here go to usa and divorce him seem a great green card scam and what about assets

Edited by smokey
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SkyMan
15 minutes ago, smokey said:

So a foreigner.can.tech. have his younger wife who married him here go to usa and divorce him seem a great green card scam and what about assets

Nothing new here for that.  She could always go to the US and get a divorce and then remarry in the US.  Only the Philippines would consider her married to her original spouse.  Only difference is that now she can get the divorce recognized here.

Edited by SkyMan
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lamoe
15 minutes ago, smokey said:

So a foreigner.can.tech. have his younger wife who married him here go to usa and divorce him seem a great green card scam and what about assets

It is and she makes out like a bandit.

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fred42
8 hours ago, SkyMan said:

Not answered. 

Of course, it will take an additional SC case to bring this up and then the SC would have to try to find a way to justify this only in the case of a foreigner/pinoy but not for Filipinos which would counter their own decision in this case.  If that case rules along the same lines, then there will be the outcries of, "why can OFWs divorce and not everyone?"  And those with the money will be looking to get visas to countries where they can get a quicky divorce.

Looking at the Philippines perspective via their own constitution,I am very surprised that the Supreme court openly goes against Philippines family law and now allows a Filipino to initiate divorce proceedings against his/her`s foreign spouse!!
Hypocrites!!
 

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wondersailor

And this ruling does nothing to address the original question of validation of a foreign divorce by the Philippines Government. Still have to shell out the cash to hire a lawyer and wait until the courts finally gets around to rule on something the rest of the world already knows, your divorced! Yah, I think I would save my cash, grab my pinay and head for the airport and marry her in a country which has entered the 21st century.

 

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