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Marriage of Filipinos outside the Philippines

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1 Marriage of Filipinos outside the Philippines on Tue Oct 28, 2014 3:24 am


Arresto Menor

My aunt was married to another Filipino in Saint Thomas, US Virgin Islands on January 2005. My aunt died this July. No one has the original copy of the Marriage Certificate. We suspect it was with the bag which was taken when she was killed. All we have is a photocopy of it. I inspected it and it seems it is lacking Apostille or the notarization after the ceremony. It also seems that the marriage abroad was not reported to the Philippine Consulate / DFA and so, no NSO copy of the said marriage certificate can be obtained. How can we find proof of the legality / validity of their marriage? The surviving spouse is already living with another woman and it seems that he is getting the funds from bank accounts through my cousin's signature and the funds are now nowhere to be found! My aunt has a son from another man before she met the surviving spouse. The surviving spouse and my aunt has 2 sons, 4 and 2 years old respectively who are both in the care of my grandmother (my aunt's mom) aided by my mom's cousin.

We would like to ensure that the properties and other estate (bank accounts, land titles) will be given to the 3 sons accordingly. He had already sold all my aunt's jewelry but did not give the sons' part.

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Reclusion Perpetua
Well her children are still young and small, the first next to kin is her spouse. Anything conjugal will go to her husband not to her sons as they are not yet fully grown. There is no way you can claim anything of her husband for her son as they were married outside Philippines jurisdictions and documents are no where to find to claim anything from the US properties etc. But if the properties, land titles, bank accounts are in the Philippines then you may have a chance to fight him for your nephews inheritance. You need a lawyer to sort this out for your nephews.

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