Divorced a Pinay, can I marry another?

[SailingHome]

My Pinay wife and I moved to Thailand and seperated 5 years ago. She has never been willing to do a divorce, so I finally did one from the USA. Do I have to wait for her to push it through the Phils courts before I can marry another Pinay in Phils?

[Jollygoodfellow]

8 minutes ago, SailingHome said:

My Pinay wife and I moved to Thailand and seperated 5 years ago. She has never been willing to do a divorce, so I finally did one from the USA. Do I have to wait for her to push it through the Phils courts before I can marry another Pinay in Phils?

No as you are legally single.

[Viking]

3 hours ago, Jollygoodfellow said:

No as you are legally single.

Does it not depend on where they got married? I mean, if they was married in the Philippines and divorced in USA, without having it registered in the Philippines. Are they not then still technically married in Pinas? 

I am curious to know  

[Terry P]

1 hour ago, Viking said:

Does it not depend on where they got married? I mean, if they was married in the Philippines and divorced in USA, without having it registered in the Philippines. Are they not then still technically married in Pinas? 

I am curious to know  

 

Yes they are

[SailingHome]

1 hour ago, Viking said:

Does it not depend on where they got married? I mean, if they was married in the Philippines and divorced in USA, without having it registered in the Philippines. Are they not then still technically married in Pinas? 

I am curious to know  

This is why I am confused... the law talks avout the citizen, but is not specific about the foreigner. I did read that a foreigner can have multiple marriages because of this.

I want to understand if I can get married now in Phils to a citizen, or if it has to go through the courts first. Also, is there some Web page that shows this? What would the CENOMAR say if I show my divorce papers (seems like a clear CENOMAR is needed to get married, yes?)

[Jollygoodfellow]

51 minutes ago, TerryP said:

Yes they are

Makes no difference. She is married he is not. Many topics on this in the 11 or 12 years of this forum so maybe time for people to do their research. 

[Mike J]

They are both able to marry.  The certificate of divorce must be filed in a Philippine court prior to a new marriage.

https://filipinolawgroup.com/recognition-foreign-divorce-decree-philippines/

Philippine laws relating to marital status follow Filipinos wherever they may go.  Thus, as a rule, a married Filipino remains married even if a divorce is obtained abroad because divorce is generally not recognized in the Philippines. Luckily there is a limited exception for recognition of a foreign divorce decree which would allow a divorced Filipino to remarry.

Under the second paragraph of Article 26, Family Code of the Philippines, if a validly celebrated marriage between a Filipino and a foreigner is dissolved by a foreign divorce decree capacitating the foreign spouse to remarry, the Filipino spouse can also remarry. In other words, for the divorce to be recognized in the Philippines, the following conditions must exist: (1) the marriage was between a Filipino and a foreigner; (2) the marriage was dissolved by a foreign divorce decree; and (3) the divorce was obtained by the non-Filipino spouse.

This exception was created to address the anomalous situation in the past wherein a foreigner who divorces a Filipino can remarry under the laws of his or her country while the Filipino cannot remarry and remains married to the foreigner.  This discriminated against the Filipino spouse and puts him or her in a precarious situation.

Through the years, the Philippine Supreme Court has modified the above conditions in cases before it to more carry out the spirit and intent of the law.  Thus, in the 2005 Orbecido III case, the Supreme Court ruled that although the marriage was between Filipino citizens, if at the time of divorce one of the spouses became a citizen of another country that recognizes divorce, the divorce can still be recognized in the Philippines which will allow the Filipino spouse to remarry.

And in the more recent 2018 Manalo case, the Supreme Court made a landmark ruling by holding that even if the divorce was obtained by the Filipino spouse the benefits of Article 26 can still be enjoyed, thus overturning the well-established rule that it must be the foreign spouse who should obtain the divorce decree.

To enjoy the benefits of Article 26, a petition must be filed in a Philippine court for the recognition of the foreign divorce decree. In this petition, the divorce decree and foreign law on divorce must be proven showing that the foreign spouse can remarry.

[SailingHome]

Mike J - That court process takes 2-5 years. Are you saying neither can marry until after court? This is the civil code already mentions that does not say when the foreigner may remarry. It only says the citizen may remarry after court.

[Mike J]

2 minutes ago, SailingHome said:

Mike J - That court process takes 2-5 years. Are you saying neither can marry until after court? This is the civil code already mentions that does not say when the foreigner may remarry. It only says the citizen may remarry after court.

I am not sure what 2-5 year process you are referring to?  I am not an attorney, or even particularly knowledgeable of the subject.  That being said, I read the article as saying a divorce in a foreign country is recognized here and either party in the divorce is allowed to remarry.  It does not matter which party filed, and the divorce will be recognized even if you are a Philippine citizen and wish to remarry.  So both parties are free to remarry.  You do however have to file the divorce decree with the court here so it can be recognized.  The filing would have to be done prior to a new marriage.  Even here in the Philippines that should be a relatively simple process?  Please keep in mind that none of us here on the forum are "experts" in Philippine law.  You really should seek the advice of a Philippine attorney who has experience in divorce.

https://parispe.dfa.gov.ph/images/Forms/JUDICIAL RECOGNITION OF FOREIGN DIVORCE.pdf

JUDICIAL RECOGNITION OF FOREIGN DIVORCE
There is no divorce in the Philippines, but when a divorce is validly obtained abroad
by an alien spouse from his or her Filipino spouse, the Filipino spouse shall have the
capacity to remarry under Philippine law. However, the divorce obtained abroad
must be passed upon judicially by a Philippine court to prove its validity before the
Filipino spouse can remarry under Philippine law.
The decision of the Philippine Court shall become the basis for the annotation of civil
registry documents.
The following guidelines shall be followed in the annotation of the foreign-issued
divorce decree with the Office of the Civil Registrar General in the Philippines:
1. The foreign divorce decree must be judicially enforced or confirmed in the
Philippines by filing the proper civil action at the Regional Trial Court in the
Philippines.
2. The court decision shall be registered in the Local Civil Registry Office
(LCRO) where the concerned RTC functions.
3. The registered document shall be submitted to the Local Civil Registrar where
the marriage is registered. If the marriage was registered overseas, the
registered document shall be submitted to the City Civil Registry Office at the
Manila City Hall (CCRO Manila).
4. The following documents shall be submitted to CCRO Manila in annotating a
civil registry document:
a. Original or Certified True Copy of the foreign judgment or order duly
registered at the City Civil Registry Office at the Manila City Hall
(CCRO Manila).
b. Original or Certified True Copy of the Certificate of Finality of the
decision of Regional Trial Court (RTC-Phil).
c. Certificate of Registration of the decision of Regional Trial Court (RTCPhil) at the Local Civil Registry Office (LCRO) where the concerned
RTC-Phil functions.
5. After the annotation at the Local Civil Registrar’s Office (LCRO), the
annotated documents and its requirements must be submitted to the Office of
the Civil Registrar-General (OCRG) in Manila.
NOTE: All documents sourced or obtained in France or Monaco and intended for
submission to Philippine authorities must be authenticated at the Philippine Embassy
in Paris through verification of the seal and signature of a duly appointed official of
the French Ministry of Foreign Affairs or Monegasque Ministry of State.
More information about the legal procedures or hiring the services of a lawyer in the
Philippines may be obtained from the Integrated Bar of the Philippines (IBP) or the
Public Attorneys’ Office (PAO) in Manila.

INTEGRATED BAR OF THE PHILIPPINES (IBP) IBP Building No. 15 Julia Vargas Avenue Ortigas Center, Pasig City Metro Manila, Philippines. Tel: (+63-2) 631-3014 or 631-3018 Email: ibp_national@yahoo.com or tech@ibp.ph Website: www.ibp.ph PUBLIC ATTORNEY’S OFFICE (PAO) 4th and 5th Floors DOJ Agencies Building NIA Road corner East Avenue Diliman, Quezon City Metro Manila, Philippines. Tel: (+63-2) 929-9436 Email: pao_executive@yahoo.com Website: www.pao.gov.ph

[Mike J]

Here is another article about how to file a foreign divorce with the courts here.  You had mentioned 2-5 years.  That sounds like an annulment, which does take a long time but is not what you need.

https://www.linkedin.com/pulse/guidelines-filing-petition-recognition-foreign-joyce-domingo-dapat

Philippine courts do not recognize foreign decrees, such as a divorce decree, unless the same is proven as having been validly obtained abroad. When a Filipino gets divorced, his or her marital status as indicated in the records of the NSO (now Philippine Statistics Authority) cannot be changed to “single” by merely presenting a divorce decree. The Court needs to order the NSO to change the said entry to enable the Filipino divorcee to remarry.

Where to file. This is done through a Petition for Recognition of Foreign Divorce filed at the Regional Trial Court (RTC) of the place where the petitioner is a resident thereof.

Documentary requirements. Satisfactorily completing the documentary requirements is the major roadblock in these kinds of petition. Not only is it difficult to properly accomplish, Courts also vary in their appreciation of the sufficiency of the document.

For instance, to show the existence of the divorce law, you will present a copy of relevant portions of the divorce law of Japan. As the same is in the Japanese language, you will need to find an accredited translator to have the translation certified as the true translation. You also have to find the “custodian” of the divorce law to certify the same as its true copy. Finally, you have to go to the nearest Philippine Embassy to have the documents authenticated or as they call it, “red-ribboned”.

Here is a list of the documents we have so far used in the recognition cases we have handled:

1.   Marriage Certificate

2.   Divorce Decree

3.   Birth Certificate of the spouses and the children, if any

4.   Official publication of the Divorce Law (or portions of it indicating the right to obtain to divorce and the right to remarry after the divorce is granted)

5.   Special Power of Attorney (if case is filed in your behalf by a representative)

6.   Copy of Valid Philippine passport

All documents obtained abroad which are not in the English language have to be translated, certified and authenticated. If the documents are in English, then it only needs to be certified and authenticated.

Formal requirements. Not all Filipinos who has obtained a divorce can file for recognition. In the case of Republic vs. Obrecido, the Supreme Court had the occasion to state the twin elements that should be present before a Filipino can file for recognition:

1.   There is a valid marriage that has been celebrated between a Filipino citizen and a foreigner; and

2.   A valid divorce is obtained abroad by the alien spouse capacitating him or her to remarry.

If the divorce was obtained by two Filipinos abroad, the same cannot be recognized here as it was not a marriage between a Filipino citizen and a foreigner. If, on the other hand, the divorce was obtained by a former Filipino who obtained a citizenship abroad and then filed for divorce, then he or she is effectively a foreigner and may thus have the divorce recognized here. Note that what matters is the citizenship of the parties at the time of divorce, not at the time of marriage.

The divorce law must also allow the Filipino divorcee to remarry. Although I have not heard of a divorce law that prevents the divorcing spouses to remarry, this portion of the law must still be specifically pointed out in Court.

Timeline and procedure. The entire proceeding should take about six months to a year, depending on how quickly the Court will act on the petition by scheduling the hearings and drafting the decision. There will be at least two hearings- the jurisdictional hearing and the presentation of the petitioner as a witness.

A judicial affidavit is required to be submitted to take the place of the direct testimony of the petitioner but the petitioner still has to attend in Court to confirm that he or she in fact executed the judicial affidavit and that all the statements there are correct.

After the hearings are concluded, the Court, assuming the petitioner satisfied all requirements, will grant the petition and will order the NSO to indicate in their records that the status of the petitioner is “single” and that as such, he or she is free to remarry.

Costs. Costs differ from one lawyer to another. Our personal research revealed that lawyers charge about 80,000 Pesos to 150,000 Pesos, depending on the logistics involved and other circumstances of the client.

It may be wise to choose a lawyer who has successfully handled recognition cases before to ensure proper appreciation of documents and proven knowledge of the procedure.

Other remedies. If after having read the above article, you discovered that you are not eligible to file a recognition case, you may also opt for the declaration of nullity of your marriage, assuming you have a good ground for it.