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Annulment - Both naturalize Citizen of other country

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sprong101


Arresto Menor
Hello,
I would like to seek for legal advice about my situation especially on the law sa atin sa Pilipinas.
We are married in the Philippines and we are both Filipinos that time, but we migrated sa ibang bansa and luckily we got the Naturalize citizenship of that country. My question is do I have to undergo on the process of having an annulment? Or Can I get a divorce and then papa-confirm nalang sa Phil Court or NSO? What is the best way? Hope you can help.

I read a topic about “APPLICABILITY IN FAVOR OF FORMER FILIPINOS” and stated that:


Applicability in Favor of Former Filipinos


At first glance, Article 26 seems to apply only to a marriage between a Filipino and a foreigner. However, this provision was later interpreted by the Supreme Court to include cases involving parties who, at the time of the celebration of the marriage were Filipino citizens, but later on, one of them becomes naturalized as a foreign citizen and obtains a divorce decree. The reckoning point is not the citizenship of the parties at the time of marriage, but their citizenship at the time a valid divorce is obtained abroad by the alien spouse capacitating the latter to remarry. (Philippines vs. Orbecido III, G.R. No. 154380, 5 October 2005).


Hope someone can shed a light sa topic na eto. I know it’s a bit complicated due to the nature of citizenship. I hope I can get the best way…..


Thanks

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attyLLL


moderator
you can apply for divorce and it can be recognized in the philippines after court proceedings


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sprong101


Arresto Menor
Thanks, so what do you call on the process of recognition of a divorce in abroad in the philippines?

Is it the same process of applying for annulment in the Philippines?

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attyLLL


moderator
no, it is not the same. it is called a petition for recognition of foreign judgment


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