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Null/ void marriage cured by changing citizenship?

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85Elle2014


Arresto Menor
1 Elle 88
Hello I hope you have time to answer my question; I would like to ask your opinion on this matter. Suppose On April 8, 1988 a couple had a civil wedding with the RTC judge as solemnizing officer. In the marriage contract, the surname of the female was misspelled with 2 letters interchanging. The ages of the parties were not their actual age, the contract says the female is 21 and the male is 25 when their actual ages are 21 and 20. The place of celebration of marriage was the residence of both parties. This marriage contract was not registered with the NSO thus there are no records in the NSO, the only copy is with the municipality.
Due to events, the couple separated, on September 6, 1995 the male married another woman. It was also a civil wedding with the MTCC judge as the solemnizing officer. The entries in the marriage contract were all correct and true, it was registered with the NSO. The female got a job in the US and because of this she petitioned the male to go to the US as well. They were both naturalized as American citizens in 2003. On August 10, 2014 both parties got married in the Philippines
Issue:
Is the 2014 marriage of the parties who became naturalized US citizens valid?
Does it cure the void marriage man to the second woman?
Can a case for bigamy prosper against the male?
Is the renvoi doctrine applicable?
Thank you very much for your time.

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AWV


Reclusion Perpetua
Are you dual citizen?

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85Elle2014


Arresto Menor
No.

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AWV


Reclusion Perpetua
Did you obtain divorce before marrying again?

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85Elle2014


Arresto Menor
No.

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AWV


Reclusion Perpetua
If you didn't divorce before marrying someone else you may be liable for bigamy! You are now American citizen have the first marriage divorce ASAP so it won't conflict the Philippines documents if you want to petition the present spouse!

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85Elle2014


Arresto Menor
The first marriage was still valid because there was no declaration of nullity. Then the man married another woman. The second woman petitioned the male to the US and both of them became naturalized citizen. Now they got married again in the Philippines in 2014 as US citizen, will US law now govern their marriage?

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AWV


Reclusion Perpetua
Why got married in the Philippines? If he has been married before in the Philippines and got married again in the Philippines, even you are already American citizen, you just entered bigamy! You should have got married in the US in the first place as its outside Philippines jurisdictions, so you are not holding both Philippine documents. It looks like you just committed bigamy because the marriage happens both under Philippines jurisdictions.

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85Elle2014


Arresto Menor
The third marriage is bigamous even though they are US citizens, I agree with this, but is the third marriage already valid because they are US citizens even though married in the Philippines based on the nationality principle?

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AWV


Reclusion Perpetua
Based on the nationality principle, Their married in the Philippines is also valid although they are both American citizen already, simply because they are both born natural Filipino citizen. And having 3 marriages is called trigamy. Because he's married trice  therefore its now trigamy.

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85Elle2014


Arresto Menor
FACTS:
1. 1st Marriage (philippines)
2. 2nd Marriage (philippines )
3. 3rd Marriage (US)
4. 4th (Philippines )
Is the 4th Philippine Marriage valid?

Thanks

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AWV


Reclusion Perpetua
85Elle2014 wrote:FACTS:
1. 1st Marriage (philippines)
2. 2nd Marriage (philippines )
3. 3rd Marriage (US)
4. 4th (Philippines )
Is the 4th Philippine Marriage valid?

Thanks

Are you some kind of Muslim to even think the second marriage is valid?

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HR Adviser


Reclusion Perpetua
Are you a law student?

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AWV


Reclusion Perpetua
No! but our company is sorrounded by lawyers! Rolling Eyes What about you?

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concepab


Reclusion Perpetua
the case has a lot of technicalities, better see a lawyer to study the case.

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