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Majorsco

Aussie Married Filipina Without Knowing

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JSL-USMC

It's really easy to become confused with anything that touches the Legal system. He should have gotten on Living in Cebu Forums.

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shadow

I would like to add to what I said above (Not sure how to do it except make a new post......I don't usually like to give private information out but this may help someone.....I was married here in 1994 we moved back to the States in 2,000 she and her sister came back here for a visit and cheated on me....so I dovorced her (In The States). In 2004 I moved here and a year later I married my wife now (a Filipina) no problem also in 2010 my ex-wife (Filipina) Still a citizen of the Philippines came here to PI and married (legally) the guy she cheated with...again no problem she just had to regester the Divorce Papers from the States.....I hope this helps someone other wise I am going to hate myself for putting my past out there.

Although technically your information is correct, there is also a little more to it than that now. In order for the NSO to recognize the divorce as valid, one must first have the divorce decree Authenticated by the Philippine embassy or consulate where the divorce took place, then they must petition the court to have it validated, and a judge must notify the NSO to have the NSO records updated. Not nearly as much BS as a full blown annulment, but still not as easy I think as the lawmakers intended for it to be.

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ed villas

Although technically your information is correct, there is also a little more to it than that now. In order for the NSO to recognize the divorce as valid, one must first have the divorce decree Authenticated by the Philippine embassy or consulate where the divorce took place, then they must petition the court to have it validated, and a judge must notify the NSO to have the NSO records updated. Not nearly as much BS as a full blown annulment, but still not as easy I think as the lawmakers intended for it to be.

 YES SHADOW once again your info is helpful. :broden:

 

 allow me to post this link as it could help others,

 

http://www.manilatimes.net/recognition-of-foreign-judgment/90393/

 

(edited from original post)

 

This is important because while Article 26 of the Family Code of the Philippines recognizes that a Filipino married to a foreigner can be married again once a divorce is obtained abroad by the foreign spouse, mere acquisition of a divorce decree will not automatically enable the Filipino spouse to be married again.

 

   A foreign divorce, being in the nature of a foreign judgment, requires verification and approval from our courts for it to be recognized in our country. The Supreme Court explained this requirement in one of its rulings, which stated that:

 

“Before a foreign judgment is given presumptive evidentiary value, the document must first be presented and admitted in evidence. A divorce obtained abroad is proven by the divorce decree itself. Indeed the best evidence of a judgment is the judgment itself. The decree purports to be a written act or record of an act of an official body or tribunal of a foreign country.

 

Under Sections 24 and 25 of Rule 132, on the other hand, a writing or document may be proven as a public or official record of a foreign country by either

(1) an official publication or

(2) a copy thereof attested by the officer having legal custody of the document.

If the record is not kept in the Philippines, such copy must be (a) accompanied by a certificate issued by the proper diplomatic or consular officer in the Philippine foreign service stationed in the foreign country in which the record is kept and (b) authenticated by the seal of his office.

 

It is well-settled in our jurisdiction that our courts cannot take judicial notice of foreign laws. 

Like any other facts, they must be alleged and proved. Australian marital laws are not among those matters that judges are supposed to know by reason of their judicial function. The power of judicial notice must be exercised with caution, and every reasonable doubt upon the subject should be resolved in the negative.” (Garcia vs. Recio, G.R. No. 138322, October 2, 2001)

 

Since it is required that the foreign divorce decree be proven in Philippine court to be authentic and obtained in accordance with the laws of the country where it was decreed, it is necessary that the relevant foreign documents undergo consular authentication for verification at the Philippine Embassy where the foreign documents originated.

 

Once the Philippine court confirms the foreign divorce decree, its decision indicating that it formally recognizes and accepts your foreign divorce decree will be registered before the Office of the Local Civil Registrar that will eventually result in a change of the marital status from married to single. It is only after undergoing this process that you will be able to make your foreign divorce effective here in the Philippines and as a consequence enable you to legally remarry.

Edited by ed villas
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bargeman

Hate to add to the contention, but if the couple want a Catholic church wedding, wouldn't they need an annulment from the church regardless what the civil authorities need?

As in my case some 20 years ago, they will.

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bargeman

Law of averages.....expect a problem and find there is no problem........expect no problem and find you do have a problem...

The Holy Grail for most Attorneys. :cool:

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bargeman

Not that I know if because they didn't know to do it that way. Fortunately money is not an issue since the husband inherited $1 million + $$. Cost wasn't a factor for them, and they just paid what ever was needed to get the annulment quickly.

Hope they  didn't 'advertise' that fact!!!! If they did, then they definately paid "through the nose' for the Annulment.

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shadow

 YES SHADOW once again your info is helpful. :broden:

 

 allow me to post this link as it could help others,

 

http://www.manilatimes.net/recognition-of-foreign-judgment/90393/

 

(edited from original post)

 

This is important because while Article 26 of the Family Code of the Philippines recognizes that a Filipino married to a foreigner can be married again once a divorce is obtained abroad by the foreign spouse, mere acquisition of a divorce decree will not automatically enable the Filipino spouse to be married again.

 

   A foreign divorce, being in the nature of a foreign judgment, requires verification and approval from our courts for it to be recognized in our country. The Supreme Court explained this requirement in one of its rulings, which stated that:

 

“Before a foreign judgment is given presumptive evidentiary value, the document must first be presented and admitted in evidence. A divorce obtained abroad is proven by the divorce decree itself. Indeed the best evidence of a judgment is the judgment itself. The decree purports to be a written act or record of an act of an official body or tribunal of a foreign country.

 

Under Sections 24 and 25 of Rule 132, on the other hand, a writing or document may be proven as a public or official record of a foreign country by either

(1) an official publication or

(2) a copy thereof attested by the officer having legal custody of the document.

If the record is not kept in the Philippines, such copy must be (a) accompanied by a certificate issued by the proper diplomatic or consular officer in the Philippine foreign service stationed in the foreign country in which the record is kept and (b) authenticated by the seal of his office.

 

It is well-settled in our jurisdiction that our courts cannot take judicial notice of foreign laws. 

Like any other facts, they must be alleged and proved. Australian marital laws are not among those matters that judges are supposed to know by reason of their judicial function. The power of judicial notice must be exercised with caution, and every reasonable doubt upon the subject should be resolved in the negative.” (Garcia vs. Recio, G.R. No. 138322, October 2, 2001)

 

Since it is required that the foreign divorce decree be proven in Philippine court to be authentic and obtained in accordance with the laws of the country where it was decreed, it is necessary that the relevant foreign documents undergo consular authentication for verification at the Philippine Embassy where the foreign documents originated.

 

Once the Philippine court confirms the foreign divorce decree, its decision indicating that it formally recognizes and accepts your foreign divorce decree will be registered before the Office of the Local Civil Registrar that will eventually result in a change of the marital status from married to single. It is only after undergoing this process that you will be able to make your foreign divorce effective here in the Philippines and as a consequence enable you to legally remarry.

Thanks for digging that out. We had a client we helped through this last year, so I knew it was there somewhere but I have too many things going on right now to find it. If I remember correctly it cost about P30,000 when it was all done, and took about 4 months.

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ed villas

 

 

If I remember correctly it cost about P30,000 when it was all done, and took about 4 months.

 

30k just to go to court and get a  other countries court  decree to be declared legal? 

 

again thanks for the past posts,, :dance2:

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Baywak

Was it consummated? He must have bad eyesight to have mistakenly filled in a form that clearly says Husband (top left) and Wife (top right) to be signed at the bottom. Where were the two witnesses?

In the Pinas witnesses could be added at anytime just like the date on his "I did'nt know I was getting married certificate.The 10 day requirement-no problem in the Pinas,even if he was there only ONE DAY they can very easily make it 10 days.Even if the guy was'nt present at this I did'nt know I was getting married ceremony,in the pinas they can very easily make him present and it can cost him a fortune to get out of it.Anything goes in the Pinas that's why it's More fun in the Philippines.

 

This guy thought he was just filing for a marriage certificate,the judge and one witness were just moving things along for him.Scams are part of the fun in the Philippines,it keeps foreigners on the edge at all times,it's stimulates them and keeps them alert at every second to the next scam just around the corner.

Edited by Baywak

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colemanlee

Maline and I did the civil marriage thing, complete with the physical and the lecture.  Physical was you feel ok?  Lecture was the person giving it telling Maline she hoped she could marry a forgn some day.   I was sitting here thinking about it and actually can see where you could get hood winked to thinking you were just getting a licence and not married.   When the civil wedding was over, actually I was kinda standing there going is that all there is????   I was a witness for Malines sisters marriage and it was a little more complex but not much.  I guess the difference was that Maline and I got married in the province by the Mayor and her sister got married in Tacloban by a Judge.

 

But in our case, there was very little "do you take this one to be your wife etc"  mostly just signing papers....yea I can easily see how the dude hot taken...

 

Still it was not really legal until it was filed with NSO and we had the official paper in our hands.  At least that's how I remember it...Lee

Edited by colemanlee

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Monsoon

A divorce abroad are valid here but Supreme Court of the Philippines say that a divorce obtained abroad has to be recognized first by Philippine court before it have an effect here in the Philippines.

 

 

What are your credentials to give legal advice here?

 

Have you done it? 

 

post-2454-0-77424100-1416085239_thumb.jpg

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ellenbrook2001

If he gets a divorce abroad he don't need an annulment here!

A divorce abroad are valid here but Supreme Court of the Philippines say that a divorce obtained abroad has to be recognized first by Philippine court before it have an effect here in the Philippines.

You need a petition for the recognition of the foreign divorce decree to be filed in courts in order to get the recognition here in the Philippines, NOT a normal annulment.

 

Alternatively, he may file a complaint with the Ombudsman on those involved, judges, etc.

This will also result in that this marriage is not valid, if his story is a correctly.

 

oh well drama to have your divorce paper recognized here specially if you where marry here in the PHILIPPNES a nightmare they only want to suck the money from FOREIGNERS??????????//

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HTM

What are your credentials to give legal advice here?

 

Have you done it? 

 

attachicon.gifwelcome.jpg

I don't give legal advice! I refer the law and what I have experienced over several years by help people in this country. And yes also included petition to recognize foreign divorce decree.If what I say is wrong then please prove it, I can prove my statements from real cases in this country.

Most people I help are ordinary local people, but there are also some foreigners, even members of this forum. My credentials is for them to see, experience and know, if I choose to help someone like you, then you know to.

 

And I don't do business with this, rather the opposite.

Edited by HTM

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HTM

oh well drama to have your divorce paper recognized here specially if you where marry here in the PHILIPPNES a nightmare they only want to suck the money from FOREIGNERS??????????//

This law is possibly more important for Filipinos than foreigners.

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SkyMan
What are your credentials to give legal advice here?   Have you done it? 

This is a forum for expats (mostly) helping other expats.  Some of the advice here is excellent and some not so much but for the most part the advice given is done in good faith and not intended to mislead.  If you've been around a while you shouldn't have much trouble figuring out which members 'know', have experience, and which guess.  But that aside, if you come to an internet forum looking for legal (or any) advice, you get what you get.

Edited by SkyMan
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