Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

recognition of divorce abroad

View previous topic View next topic Go down  Message [Page 1 of 1]

1 recognition of divorce abroad on Thu Feb 14, 2013 6:18 pm

mas


Arresto Menor
can somebody give me an idea on how long this process in court will take before i get the decree... i would really appreciate any advise. thank you

View user profile

2 Re: recognition of divorce abroad on Thu Feb 14, 2013 8:56 pm

jd888


moderator
Based on your SUBJECT "Recognition of Divorce" I presume you are asking if it will be recognized here in the Philippines.

A divorce obtained by a Filipino in another country, like the USA or Japan for example, is not recognized here in the Philippines. In several decisions, our Supreme Court has ruled that a Filipino who obtains a divorce abroad and gets married here again, is liable for bigamy.

[1] People v. Schneckenburger: The Supreme Court held that the accused, who secured a foreign divorce and later remarried in the Philippines (believing that the foreign divorce was valid), is liable for bigamy.

[2] People v. Bitdu: The Court carefully distinguished between a mistake of fact from a mistake of law. A mistake of fact could be a basis for the defense of good faith in a bigamy case. On the other hand, a mistake of law does not excuse a person, even a lay person, from liability. In this case, the accused had obtained a divorce under Mohammedan custom. The Court held that even if the accused honestly believed she was not committing any violation of the law in contracting her second marriage, and that she had no criminal intent, these did not justify her act.

The Court also ruled that everyone is presumed to know the law. The lack of knowledge that the act constitutes a violation of the law does not exempt a person from the consequences.

When the divorce is obtained by an alien spouse against a Filipino

The second paragraph of Article 26 of the Family Code states:

“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.”

We must make a clear distinction here.

[1] If it is the Filipino spouse who initiates or files the divorce action against the alien spouse, the subsequent divorce will not be recognized here in the Philippines. If that Filipino gets married here again, he or she will be liable for bigamy.

[2] However, if it is the alien spouse who initiates or files the divorce action, Article 26 of the Family Code will apply. The divorce will be recognized here in the Philippines; if the said divorce allows the former alien spouse to remarry, the Filipino will also have the right to remarry under Philippine law. That is, after the foreign divorce decree is recognized by a Philippine court; more on this below.


_________________
Please be reminded that this advice is based solely on the facts you have narrated and my appreciation of the same. My opinion may vary when other facts are changed or elaborated.
View user profile http://www.chanrobles.com/

3 Re: recognition of divorce abroad on Fri Feb 15, 2013 10:40 am

mas


Arresto Menor
Sir JD888,

Thank you for your reply. If you can enlighten me on the following matter, I would really appreciate it:

1. My ex-husband and I got a civil marriage in 2003 here in the Philippines. Ex-husband is US citizen and I am a Filipino citizen that time. I became US citizen eventually.. We got divorced in Las Vegas and we are already both US citizen when we filed it and got the divorce decree. My ex-hubby is happily married now with a child.

2. I am now in the Philippines and has a dual citizenship. I want to get married in the future here in the Phiippines. I already filed "Recognition of Divorce Decree" here in the Philippine court last Nov. 2012. Can you give me an idea how long does it usually take to have the final decree regarding my petition?

I'm hoping you can give me an idea.

Thank you very much for your time.

View user profile

4 Re: recognition of divorce abroad on Fri Feb 15, 2013 12:32 pm

jd888


moderator
It will take as long as it takes, there is no specific time frame, you will just have to wait until the following are proved:

1. That the court or office had the jurisdiction or authority to hear and decide the divorce case or petition;

2. That the partied received proper notice and were afforded the opportunity to contest the divorce;

3. That the decree of divorce has reached finality.

The Family Code recognizes only two types of defective marriages – void[15] and voidable[16] marriages. In both cases, the basis for the judicial declaration of absolute nullity or annulment of the marriage exists before or at the time of the marriage. Divorce, on the other hand, contemplates the dissolution of the lawful union for cause arising after the marriage.[17] Our family laws do not recognize absolute divorce between Filipino citizens.

One question: "Do you and your Ex-hubby both Dual-Citizens of US and Pinas?"

Your case will undergo utmost scrutiny; therefore, it will take as long as it takes.

It turned out that you were married in Philippines and got your Divorce in US. I my opinion, the Court will decide on a particular manner that the union was established in our Homeland. Just keep your finger crossed.


_________________
Please be reminded that this advice is based solely on the facts you have narrated and my appreciation of the same. My opinion may vary when other facts are changed or elaborated.
View user profile http://www.chanrobles.com/

5 Re: recognition of divorce abroad on Fri Feb 15, 2013 4:29 pm

mas


Arresto Menor
Sir JD888,

Thank you for the info.

On your one question. I am dual citizen US and Filipino. My ex-husband is US citizen.

View user profile

6 Re: recognition of divorce abroad on Fri Feb 15, 2013 6:37 pm

attyLLL


moderator
in our experience, it takes about 6 mos to a year, depending on the schedule of the court handling it, the availability of evidence and witnesses.

i would argue that you should have the right to immediately marry, being a foreign national, but you might become vulnerable to a frivolous charge of bigamy because your marriage contract is subsisting in the ph records.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

7 Re: recognition of divorce abroad on Fri Feb 15, 2013 10:44 pm

jd888


moderator
Something that could make you smile @mas, because although there is no law in the Philippines that allows divorce, there are instances where it is recognized here. This is explicitly provided by Paragraph (2), Article 26 of the Family Code of the Philippines, to wit:

“Art. 26. xxx

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.”

According to the Supreme Court in the case of Republic of the Philippines versus Cipriano Orbecido 3 (G.R. 154380, October 5, 2005, 472 SCRA 114), the above provision applies to a situation where the parties to the marriage are both Filipinos but later on one of them acquired foreign citizenship and the latter divorced his/her Filipino spouse. The court ruled in this wise:

“Thus, taking into consideration the legislative intent and applying the rule of reason, we hold that Paragraph 2 of Art. 26 should be interpreted 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 Filipino spouse should likewise be allowed to remarry as if the other party were a foreigner at the time of the solemnization of the marriage. To rule otherwise would be to sanction absurdity and injustice. xxx”

Applying the foregoing to your situation, the divorce decree obtained by your former husband may be recognized in the Philippines, which will enable you to remarry. However, you must file a Petition in court praying for the recognition of such foreign divorce decree. After the court is satisfied that your former husband was already a naturalized citizen of a foreign country when he obtained such divorce decree, and that the divorce decree was rendered by the court of the said country, which allows your former husband to remarry, the court will grant your petition. The decision of the court granting the petition shall be registered with the Local Civil Registry. But of course it will take time depending on the court schedule regarding your case.


_________________
Please be reminded that this advice is based solely on the facts you have narrated and my appreciation of the same. My opinion may vary when other facts are changed or elaborated.
View user profile http://www.chanrobles.com/

8 Re: recognition of divorce abroad on Thu Jun 13, 2013 6:13 pm

mas


Arresto Menor
Sir JD888,

Any opinion on the matter that our divorce decree abroad was jointly filed.  I mean, my name and my ex-husband's name are the petitioners.

We were both US citizen at that time when we filed the divorce and when we received the decree.  This was March of 2012.

After few months, I went back to the Philippines and re-acquired my Filipino citizenship.  Thus, I became a dual citizen in July 2012.

I filed for recognition of divorce abroad to be able to re-marry on November 2012... and I will have the 1st hearing 2 weeks from now.  We are already done with the Preliminary Conference and Preliminary hearing/trial.

Your thoughts will be greatly appreciated.

Thanks in advance.

View user profile

9 Re: recognition of divorce abroad on Thu Aug 22, 2013 1:06 am

chellanne


Arresto Menor
hi im anne im married to a japanes man in 1993 and after that i went in japan and have 1year visa...before my visa ends my husband ask me we have to sign papers in cityhall for my extension of visa and bec. i dont understand the japanese writing and language i signed the papers without my knowledge it was a mutual divorce and after that he told me to leave and go in the phils. and he will not extend my visa...now that i want to get married again is there a chance for me to grant a recognition of divorce here in the phils. since we divorced 1994 without understanding the papers i signed is a divorce paper ...pls. help me and refer me a good lawyer for this matter...im a single mother and dont have much money pls. help me...

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum