7 Reasons why Filipinas like foreigners

[Mr S]

Who the hell cares about marrying a Muslim woman in the Philippines? You gotta be a f***ing retard or Muslim yourself to do that. Plus all the Muslim girls I see round here are fat, ugly and look like wannabe ninja's anyways so why bother. I would never convert to another religion, especially Islam just to marry a woman. I don't care if her p***y is lined with gold, farts and shits gold nuggets, not happening.

The average Filipino cannot just drop down $2000 and whatever other bribes and court fees to get an annulment. Maybe the rich can do that, but not the poor or middle class usually and thats why they just separate.

A foreigner who marries in the Philippines can usually get a divorce in their home country easy enough but it won't be recognized in the Philippines unless they go through the proper governmental hoops in the Philippines and who knows how much that will cost once they know you are a foreigner, the price automatically goes up; plus your divorcing a national, another bad strike on you; all foreigners are guilty!

[Winston]

Who the hell cares about marrying a Muslim woman in the Philippines? You gotta be a f***ing retard or Muslim yourself to do that. Plus all the Muslim girls I see round here are fat, ugly and look like wannabe ninja's anyways so why bother. I would never convert to another religion, especially Islam just to marry a woman. I don't care if her p***y is lined with gold, farts and shits gold nuggets, not happening.

The average Filipino cannot just drop down $2000 and whatever other bribes and court fees to get an annulment. Maybe the rich can do that, but not the poor or middle class usually and thats why they just separate.

A foreigner who marries in the Philippines can usually get a divorce in their home country easy enough but it won't be recognized in the Philippines unless they go through the proper governmental hoops in the Philippines and who knows how much that will cost once they know you are a foreigner, the price automatically goes up; plus your divorcing a national, another bad strike on you; all foreigners are guilty!

W: If a foreigner gets a divorce in his own country, then he does not have to bribe the Philippines government to legitimize it. The Filipina can file for it and under the law I read, it will be approved.

[Mr S]

This should clear things up:

http://attypunzi.wordpress.com/2006/06/ ... ilippines/

Blog Lecture No. 62: Divorce in the Philippines
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Now for a lecture on a bread and butter subject (and closest to the heart):

Is there divorce in the Philippines?

No. The only options available to Filipinos to exit a bad marriage are legal separation, declaration of nullity and annulment of marriage.

This comes from state policy:

Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code. (Article 1, Family Code)

What is legal separation?

Legal separation means just that. The physical separation, the separation from "bed and board" is given legal recognition and either spouse need to fulfill their mutual obligations to each other. This does not erase the obligations to the children, though. And yes, the marriage remains valid and existing.

If accompanied by a request to separate the property, legal separation also splits the property between the parties. And unless disinherited, the other party can still expect something when the other dies…
What are the grounds for legal separation?

According to Article 50 of the Family Code, these are:

(1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;

(2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;

(3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;

(4) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;

(5) Drug addiction or habitual alcoholism of the respondent;

(6) Lesbianism or homosexuality of the respondent;

(7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;

(8) Sexual infidelity or perversion;

(9) Attempt by the respondent against the life of the petitioner; or

(10) Abandonment of petitioner by respondent without justifiable cause for more than one year.
What is declaration of nullity of marriage and how does this differ from an annulment?

A declaration of nullity simply states that, for grounds stated in the law, the marriage is void ab initio (void from the beginning). In a sense, there was no marriage from the start and had no legal effect.

When a marriage is declared void ab initio, all is effects are reversed to the day it was contracted. Yes, the children of this kind of marriage become illegitimate, unless the ground is psychological incapacity, where by exemption, the children are legitimate.

An annulled marriage is a valid marriage until it was annulled, also called a voidable marriage. Hence, that darn thing has legal effect up to and until the day it was annulled.

And there are instances where a voidable marriage (a marriage capable of being annulled) can be ratified (or in laymen's terms, cured and become valid marriages).

What are the void marriages?

These are:

(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;

(2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;

(3) Those solemnized without license, except those covered the preceding Chapter;

(4) Those bigamous or polygamous marriages

(5) Those contracted through mistake of one contracting party as to the identity of the other; and

(6) Those subsequent marriages that are void because the parties failed to partition their property and deliver the presumptive legitimes to their children.

(7) Incestious marriages

(8) Marriages contrary to public policy (like marriages between steps, in-laws, adopter and adopted, where one kills the spouse to marry another, etc.)

(9) Marriages where one or both parties are psychologically incapicated to fulfill the obligations of marriage.

So what are the grounds to have a marriage annulled?

They are (Article 45, Family Code):

(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;

(2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;

(3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;

(4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;

(5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or

(6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable
Now for a famous question. What if Filipinos obtain a divorce abroad?

That divorce is not recognized in the Philippines because according to our laws, Philippine laws govern as regards marriages of Filipinos.

What about divorces between foreigners and Filipinos?

By way of concession, to cure a ridiculous situation, the second paragraph of Article 26, Family Code states:

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.

So what are the requirements for this law to apply?

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.

Two Filipinos marry in the Philippines. One goes abroad and promises to take the other spouse there once conditions were conducive. Instead, this Filipino divorces the one here, becomes naturalized in that country and remarries there. Will Article 26 apply?

No. That article works only if one is Filipino and the other is a foreigner.

What if that Filipino abroad gets naturalized first, then divorces the one here?

In that case, according to the case of Republic vs. Orbecido (GR 155380, 05 October 2005), Article 26 would apply and the one stuck here can remarry.

Under that case, the former Filipino already becomes a foreigner. "The reckoning point is not the citizenship of the parties at the time of the celebration of the marriage, but their citizenship at the time a valid divorce is obtained abroad by the alien spouse capacitating the latter to remarry."

Interesting, huh?

So we'll talk more about this some other time…

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http://attyatwork.com/annulment-divorce ... ers/?cp=10

Annulment, Divorce and Legal Separation in the Philippines: Questions and Answers
Published
by
Atty. Fred
on January 16, 2007
in Family Law
.

There are many questions relating to annulment and divorce in the Philippines, and many of the concerns of our readers had already been addressed in previous articles. Nevertheless, to consolidate everything for everyone’s easy reference, here are the FAQs on annulment and divorce in the Philippines:

Is divorce allowed under Philippine laws?

No, divorce is not allowed in the Philippines. However, there are certain instances wherein the divorce secured abroad by the foreigner-spouse, and even by former Filipinos, are recognized under Philippine laws.

Would it make any difference if I marry abroad where divorce is allowed?

No. Filipinos are covered by this prohibition based on the “nationality principle�, regardless of wherever they get married (and regardless where they get a decree of divorce).

I was married in the Philippines and secured a divorce in the United States. Both of us are Filipinos and my spouse voluntarily signed the divorce papers. After the divorce, I married another guy, a former Filipino who had acquired U.S. citizenship. I am still a Filipino citizen. Is my previous marriage still valid in the Phils.?

Yes, the first marriage is still considered valid in the Philippines because divorce between Filipinos, wherever secured and even if with the consent of both spouses, is not recognized under Philippine laws. In other words, as far as the Philippines is concerned, the second marriage is null and void.

If divorce is not allowed in the Philippines, does this mean that spouses have no remedy in getting out of a problematic marriage?

While divorce is against public policy and is prohibited by law, the Family Code provides for certain grounds to annul a marriage or declare it as null and void.

Is “annulment� different from a “declaration of nullity� of marriage?

Yes. In essence, “annulment� applies to a marriage that is considered valid, but there are grounds to nullify it. A “declaration of nullity� of marriage, on the other hand, applies to marriages that are void or invalid from the very beginning. In other words, it was never valid in the first place.

Also, an action for annulment of voidable marriages may prescribe, while an action for declaration of nullity of marriage does not prescribe.

So, if a marriage is void from the very beginning (void ab initio), there’s no need to file anything in court?

For purposes of remarriage, there must be a court order declaring the marriage as null and void. Entering into a subsequent marriage without such court declaration means that: (a) the subsequent marriage is void; and (b) the parties open themselves to a possible charge of bigamy.

What if no marriage certificate could be found?

Justice Sempio-Dy, in the “Handbook of on the Family Code of the Philippines� (p. 26, 1997 reprint), says: “The marriage certificate is not an essential or formal requisite of marriage without which the marriage will be void. An oral marriage is, therefore, valid, and failure of a party to sign the marriage certificate or the omission of the solemnizing officer to send a copy of the marriage certificate to the proper local civil registrar, does not invalidate the marriage. Also the mere fact that no record of marriage can be found, does not invalidate the marriage provided all the requisites for its validity are present.� (Citations omitted)

What are the grounds for annulment?

1. Lack of parental consent in certain cases. If a party is 18 years or over, but below 21, and the marriage was solemnized without the consent of the parents/guardian. However, the marriage is validated if, upon reaching 21, the spouses freely cohabited with the other and both lived together as husband and wife.

2. Insanity. A marriage may be annulled if, at the time of marriage, either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife.

3. Fraud. The consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife. Fraud includes: (i) non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude; (ii) concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband; (iii) concealment of sexually transmissible disease or STD, regardless of its nature, existing at the time of the marriage; or (iv) concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage. However, no other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage.

4. Force, intimidation or undue influence. If the consent of either party was obtained by any of these means, except in cases wherein the force, intimidation or undue influence having disappeared or ceased, the complaining party thereafter freely cohabited with the other as husband and wife.

5. Impotence. At the time of marriage, either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable. Impotence is different from being infertile.

6. STD. If, at the time of marriage, either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. If the STD is not serious or is curable, it may still constitute fraud (see No. 3 above).

What if a spouse discovers that his/her spouse is a homosexual or is violent, can he/she ask for annulment?

Homosexuality or physical violence, by themselves, are not sufficient to nullify a marriage. At the very least, however, these grounds may be used as basis for legal separation.

How is “legal separation� different from annulment?

The basic difference is this - in legal separation, the spouses are still considered married to each other, and, thus, may not remarry.

What are the grounds for legal separation?

1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner.

2. Physical violence or moral pressure to compel the petitioner to change religious or political affiliation.

3. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement.

4. Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned.

5. Drug addiction or habitual alcoholism of the respondent.

6. Lesbianism or homosexuality of the respondent.

7. Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad.

8. Sexual infidelity or perversion.

9. Attempt by the respondent against the life of the petitioner.

10. Abandonment of petitioner by respondent without justifiable cause for more than one year.

The term “child� shall include a child by nature or by adoption.

What happens if after learning that your husband (or wife) is unfaithful (No. 8 above), you still co-habitate with him/her?

This may be construed as condonation, which is a defense in actions for legal separation. In addition to condonation, the following are the defenses in legal separation:

1. Consent.
2. Connivance (in the commission of the offense or act constituting the ground for legal separation).
3. Mutual guilt (both parties have given ground for legal separation).
4. Collusion (to obtain decree of legal separation).
5. Prescription (5 years from the occurence of the cause for legal separation).

If you’re separated from your spouse for 4 years, is that a sufficient ground for annulment?

No. De facto separation is not a ground for annulment. However, the absence of 2 or 4 years, depending on the circumstances, may be enough to ask the court for a declaration of presumptive death of the “absent spouse�, in which case the petitioner may again re-marry.

What are the grounds for declaration of nullity of marriage?

1. Minority (those contracted by any party below 18 years of age even with the consent of parents or guardians).

2. Lack of authority of solemnizing officer (those solemnized by any person not legally authorized to perform marriages, unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so).

3. Absence of marriage license (except in certain cases).

4. Bigamous or polygamous marriages (except in cases where the other spouse is declared as presumptively dead).

5. Mistake in identity (those contracted through mistake of one contracting party as to the identity of the other).

6. After securing a judgement of annulment or of asolute nullity of mariage, the parties, before entering into the subsequent marriage, failed to record with the appropriate registry the: (i) partition and distribute the properties of the first marriage; and (ii) delivery of the children’s presumptive legitime.

7. Incestous marriages (between ascendants and descendants of any degree, between brothers and sisters, whether of the full or half blood).

8. Void by reason of public policy. Marriages between (i) collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree; (ii) step-parents and step-children; (iii) parents-in-law and children-in-law; (iv) adopting parent and the adopted child; (v) surviving spouse of the adopting parent and the adopted child; (vi) surviving spouse of the adopted child and the adopter; (vii) an adopted child and a legitimate child of the adopter; (viii) adopted children of the same adopter; and (ix) parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse.

9. Psychological Incapacity. Psychological incapacity, which a ground for annulment of marriage, contemplates downright incapacity or inability to take cognizance of and to assume the basic marital obligations; not a mere refusal, neglect or difficulty, much less, ill will, on the part of the errant spouse. Irreconcilable differences, conflicting personalities, emotional immaturity and irresponsibility, physical abuse, habitual alcoholism, sexual infidelity or perversion, and abandonment, by themselves, also do not warrant a finding of psychological incapacity. We already discussed the guidelines and illustrations of psychological incapacity, including a case involving habitual lying, as well as the steps and procedure in filing a petition.

Please note, however, that there are still other grounds to declare a marriage as null and void.

Can I file a petition (annulment or declaration of absolute nullity of marriage) even if I am in a foreign country?

Yes, the rules recognize and allow the filing of the petition by Filipinos who are overseas.

Update: Browse through the comments below to check if your questions are similar to that of others. Other common issues are consolidated in Part II or in Costs in seeking an Annulment.

Also posted at the Philippine e-Legal Forum.

[Raja]

There are two basic strategies?


The second strategy I don't understand:

"if uncontested the other partner doesn't show up in court and the doctor you hired proclaims that he was not able to make thew informed consent to marry in the first place."

can you rephrase that.

Forgive me I'm doing this by cellphone. First remember if its Catholic law then it is Filipino law. Just as the Church says there was never a marriage in most cases family law lawyers will attempt to do the same. In effect they do forensic psychology to say the party was to retarded to marry.

While Bing may ignore the law and live with a married woman adultery, like abortion and prostitution, is illegal. And you Joe are presumed to be rich, thus people seeing you commiting a crime can react like they won the lottery. The same can happen with the ex, instead of staying out of the way and letting the legal system put a scientific venear on the Church solution, that there was never a marriage to begin with, he will treaten to show up in court to prove he wasn't retarded when they married.