Discussions are welcome in the Forum. As more subjects here are discussed by the readers, the interaction of one topic with another (or between related laws) results to a legal melting pot, enriching the pool of topics to choose from.
For instance, we have discussed (”Divorce and Annulment in the Philippines“) that a Filipino - wherever he/she may be located in the world - is governed by Philippine laws on marriage. This means that while he/she can secure a divorce outside the Philippines, such divorce is NOT recognized in the Philippines. The same article also contains a discussion on the effect of losing Filipino citizenship vis-a-vis divorce. If a Filipino is naturalized as a foreign citizen and, in the process, loses his/her Filipino citizenship, such former Filipino can validly seek a divorce abroad and the divorce is recognized in the Philippines. In other words, after complying with the procedure in having the foreign decree of divorce recognized here in the Philippines, the Filipino spouse may validly remarry.
Then came the new law (Republic Act No. 9225) that allows former Filipinos to re-acquire or maintain their Filipino citizenship. Here are the issues:
If a Filipino secures a divorce BEFORE losing his/her Philippine citizenship by naturalization as a foreign citizen (the divorce is not valid under Philippine laws), will the subsequent loss of Philippine citizenship have any effect on the validity of the previous divorce? Will it make any difference if the foreign decree of divorce, validly secured by a former Filipino, is not judicially recognized here in the Phils. before that former Filipino re-acquires his/her Philippine citizenship?
On the other hand, what’s the effect of the re-acquisition of Filipino citizenship on the foreign decree of divorce previously and validly secured?
I already suggested that the law students who had been asking me for thesis topics can pick up this one…and maybe provide us with the abstract of the study =) In the meantime, let’s hear what’s on your mind.
You may also want to read these related posts:
Retention and Re-Acquisition of Philippine Citizenship by jlp on July 22nd, 2006
You mean to say Atty that even if the foreigner-spouse successfully secured a divorce overseas, and the Philippine Court does not “automatically” take cognizance of it, the foreigner spouse may be liable for bygamy if he marries overseas?
Guys, if you look closely at the right sidebar, you’ll notice the “Related Posts” (uhm, I guess you’re using Internet Explorer, not Firefox. With IE, the right sidebar is pushed downwards, so you can see that at the bottom portion). One of the related posts is “Divorce and Annulment in the Philippines” (see also other related posts). In that article, Article 26 is quoted in full and discussed. The second paragraph of Article 26 does not make any distinction where the marriage is solemnized. In other words, it doesn’t matter if the marriage is solemnized in or outside the Philippines. As long as all the requisites are complied with, such marriage, is recognized as valid in the Philippines.
Also, as discussed in the “Related Posts”, a divorce decree secured by the foreigner-spouse is not automatically taken cognizance in the Philippines. It’s just like any fact that must be shown in court.
Good point noypi, how about those marriages WITHIN our country ATTY???
“ART. 26. All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38.”
—my question is this: if filipino citizen and foreign national was married in the Philippines. filipino national joins foreign national in foreign national’s country but does not get married there. if foreign national files for divorce in the future, does this law apply since it specifically states “All marriages solemnized OUTSIDE the Philippines in accordance with the laws in force in the country where they were solemnized…”
I am a filipino citizen, my husband is a US citizen by birth and we got married here in the Philippines 6 years ago. We share 2 children. He filed for divorce in the US this year and I received a letter of “Notice of Entry of Judgment” from his lawyer notifying me that judgment was entered on sept 18 for dissuolution and the effective date of termination of marital or domestic partnership status is october 22, 2006. Does this mean he can remarry after October 22 and so do I? Do we still need to apply for annulment in the Philippines?
njacc/ronaldbmz, I’m terribly sorry but we really can’t address your request for “legal options” and “legal action”. As stated in other posts, we don’t (and, more importantly, can’t) give legal advice relating to particular concerns.
If you would be kind enough to search through the articles in this Forum, you will discover that: (a) while divorce may be filed and secured in foreign jurisdictions, it’s not recognized in the Phils.; (b) there are legal remedies, civil and criminal, in the event that the husband refuses to give support. On the other hand, future posts may relate to your questions. Please drop by from time to time to see if there are related posts. I hope you both understand.
Hi,
I got married in the philippines 2 yrs ago. Both me and why wife are filipino citizens which are both legal residents here in the US. She is filling for divorce here in the US. Since we are here in the US, she doesn’t really care if the divorce is not going to be recognized in the philippines. My question is, is the divorce going to be recognize as legal here in the US despite the fact we are still going be legally married in the philippines? I don’t want to get divorce. What are my legal rights and options? Please help.
Hi, I am almost 5years separated to my husband, this is our 3rd separation, 14 years married. We have 3kids on my custody. The kids are with him on weekends. I am against divorce. I did seek legal advise few years ago. Reason, psychological incapacity. However, the annulment didn’t materialize because of financial reason and I can’t handle the pain.
With the economy we have now, he’s planning to work in US. Future possibility is he might file for divorce there and marry x x x. They’re planning to go back here after 3years. I’ve already read the articles regarding this.
Is it possible for him to file for divorce there?
If he threatens me that he will not give financial support to our kids if I dont sign the divorce paper, what is the legal action I could do here?
Pls help or email me at
lawenthusiast, I’m sorry but I can’t tell if the story is interesting (or stated my opinion) - I usually stop reading when discussions on matters, as relating to specific persons, go into finer details. It’s generally futile for me to do so, since I’m ethically prohibited from giving any legal advice on that set of facts. I hope you understand.
Anyway, the answers to certain questions may be gleaned from discussions on certain topics - here or at the Forum (jlp-law.com/blog).
hi, i have an interesting story here about a family friend of ours. the couple got married somewhere in the 70’s had two kids then. they were in business and was quite successful, however there were hills and valleys somewhere along the way. during the mid 1990’s the husband invested in heavy real estate while being employed in one of the largest corporations in the country. That is where the couple got their bread and butter. however, when the 1997 economic crisis set in his business got affected because of the exhorbitant dollar loans he owed the bank. to add insult to injury he made more loans. he had more expenses for interest payments. at the same time, they had to leave the company they were working in because they had a falling out with their boss. with depleting finances and out of the job they started a new business and made more borrowings again, this time in terms of private loans and merchandize payables. their liabilities piled up and business wasn’t really doing well, as a result, no one wanted to extend credit. they had to sell their condominium and speed boat and other luxurious things they once enjoyed. the wife, not being able to bear it anymore, secretly contacted the husband’s friend in the US and became casual friends. on the premise and motive to improve the family’s lot, the wife convinced the whole family she had to work in the states. she left, with the husband selling piaya in some obscure place and struggling to get his son finish his studies on a loan he owed to his friend. the husband couldn’t contact his wife for about a year and was so surprised that he got this court order from US authorities that he could not get within 100 feet of his wife.
when a family friend of the couple got in the US, the wife contacted them to meet up dinner time. a few days later, the family friend found out that the wife married a US citizen—her husband’s friend she contacted back in the philippines. it was found out she cohabited with him while still being married to the original husband. the wife alleged she sent divorce papers. only to find out she sent it to the wrong address. she is still on the process of acquiring her US citizenship. is there a similar jurisprudence to this story? now, the husband is seeing someone younger and would want to marry the girl.