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 judicially recognized (through a court action) 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.
[Updated: See Mixed Marriages, Divorce and Summary on Recognition of Foreign Divorce Decree in the Philippines.]
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Hi attorneys..
I just need a help with my situation. I am previously a Filipina but I was naturalized as an American Citizen year 2007. My ex-husband(an American) and I were married in the Philippines 9 years back. Due to personal differences I decided to file a divorce And yah we are already divorce one year now. So basically I am an American citizen already when I filed my divorce. Now I am planning to file an annulment in the Philippines since I am already divorce here in US. Will I have the capacity to remarry again? Because I have a boyfriend who is a Filipino I wanna sponsor him on a Fiancee Visa..I wanna marry him here in states. please please please.. give me some advice.Thanks alot.
God bless.
I got married to a Canadian citizen( a filipino) He was married here in the Philippines with a filipina wife and filed their divorce after they become a canadian citizen. I would like to know if the marriage that we have is valid, we got a marriage license, had a civil wedding, and now he is planning to bring me to canada using a spousal visa, i read lots of documentation and cases concerning this matter however still got confused . Please help me understand the situation, as I understand by the late Corazon Aquino, it was recognized that any form of divorced filed after the person become a naturalized citizen in another country, is recognized here in the Philippines..I felt so bad with some comments from legal adviser telling me that my marriage is not valid.. and having it recognized by a court is just like spending a annullment procedures…
I have a boyfriend and we are planning to get married, the thing is he was married on 2001 and he and his wife filed for annulment last 2007. Until now he haven’t received any papers saying that the annulment is done because apparently the wife needs to show up to the judge. The wife is in NY and a US citizen now. She said she has no time to go home. anyway, the wife is saying that she will just file a divorce in the US. will that nullify the marriage in the Philippines?? please advise. Thank you!
My Korean boyfriend wants to marry me here in the Philippines but he is married in Korea. Is it possible for us to get married? How?
Hi! I am now US citizen, I didn’t know the time I left Philippines that the father of my children who asked me to sign a blank paper will use my signature to make a marriage certificate. He asked me to sign a blank paper saying that he will consult his lawyer to make a letter that I cannot oblique him for our children’s maintenance. I never love him and he just rape me when I got pregnant I always wanted to escape from him but unfortunately my parents insist to send me back to him because they will not allow me to live with them as an additional expenses to them that I since I bore a child with him, I should make him take care of me and my children. I manage to go and work abroad without realising he had produced a fake marriage certificate and I don’t know how did he manage to forward it to NSO declaring I am married to him. I just found out recently with NSO that this marriage certificate exist after applying for a CENOMAR. The time I went abroad 20 years back then I met a US citizen and we got married, assuming I am still single in my country records they never required anything from me in order to marry my US husband. After 20 years I went home using my US passport. I was told by my own mother that I have a marriage certificate with this Filipino and due to curiosity I applied for a CENOMAR and it did say that I am married to this Filipino and also married to my US husband. What do I need to do? I am now just US passport holder and US citizen alone, I am no longer Filipino citizen or dual passport holder. What is my status? If I decided to get a dual citizenship will this risk me for a bigamy? Do I need to file for an annulment even though I am not aware of this marriage existence? Thanks in advanced.
Dear Atty
3 years na po akong kasal sa isang American,meron po kaming 3 anak.Kinuha nya po isa kong anak at sabi i pepetion ang visa ko at i didivorce ako sa america..Susustentuhan nya po mga anak namin sa states pwera ako..Inamin nya po sa akin 2 days ago na nakipg sex po sya saibang babae..hindi din po nya sinusuportahan mga anak namin dito sa pinas.at bago po sya nka alis ng pinas 10 months po nya kami inabandona at walang sustento..2 weeks after delivery of my youngest daughter na basa ko po sa cp nya na merong syang ibang babae..ano po pwd ko ikaso at meron po ba akong habol?thank po
What will be the property stands in stuation of Filipino become citizen of other country marries the foreigner In same country and they get divorce…these Filipino has property in Philippines title has not in it’s name yet still on process ….is the foreigner has a right to chase and get the share of these property?
My girlfriend is married here in the phil with a foreigner. She got divorce in the usa. Can she get married here in the phil. Again? Thank you
cAN i FILE A CLAIM FOR MYY EX’S RETIREMENT PAY OR DO i HAVE TO GO THROUGH THE COURTS WHO GRANTED MY DIVORCE. oR CAN i USE ANY STATES COURTS.I WAS MARRIED FOR 20 YEARS TO A MAN WHO ABUSED ME JUST PRIOR TO OUR DIVORCE AND TOLD ME THAT IF HE LOST MY RETIREMENT I WOULD GET NOTHING.THE ALABAMA JUDGE LISTED IT AS ALIMONYDUEE TO ALABAMA LAW I LOST IT IN 1006 BECAUSE i used a po boxas my mailading address and my fiacne used the same po box. It was a very small town with limadited po boxes so i had no choicei am now legally blind.…..how do i get his retireadments pay. He hit me in the face with a wall phone as he was leavading. He didn’t even tell me he was leavading thea0area.please help ‚e////I worked very litadtle while a miladiadtary wife and am entiadtled to half of his retirement.