Q.I was inspired by your article (http://www.balita.ca/2009/07/16/divorce-judgment-and-getting-married-in-the-philippines/) dated July 16th of 2009.
I had a very similar situation. My wife and I got married before in the Philippines. Both of us got our U.S. Citizenship. But unfortunately, got divorced after.
Now, I got my divorce decree and Affidavit in Lieu of Legal Capacity to Contract Marriage capacitating me to re-marry. I am planning now to get a church wedding in the Philippines. Following your advice in the article you have written, I have to hire a lawyer to get a judicial recognition of my divorce decree and so the court will order the NSO to terminate my previous record of marriage here in the Philippines. NO ANNULMENT process needed.
Now I get this usual beating-around-the-bush of the Philippine system. Some would advise me to initiate the annulment. One lawyer would ask me authentication of my Certificate of Naturalization and my wife’s and the divorce decree. I understand I would probably get my Naturalization’s authenticated but not my wife’s. Besides, you haven’t mentioned in your article that the spouse’s proof of citizenship will also be needed, it will also be impossible for me to get a document not of my own not to mention the fact that I am already alienated and not in contact with her.
What I need attorney is, probably, if it won’t be much, a referral to lawyers who have handled a case like this. I need to get a sure-win on the case since the planning of my church wedding is well underway and its going to take place next year, by January.
I just don’t want a hitch and declare my church wedding void in the Philippines since I still got previous record of marriage. If really, I need to undergo annulment then so be it. But of course, I don’t want to do it and waste much money if really, in truth, I don’t have to do it. I just want to get this moving to hit my timetable just in time.
Please attorney, if I can get a referral from you of a lawyer who have handled a case like this and have successfully won I would appreciate it. I need to know exactly what the court wants in terms of proof of documents so I would not be lacking of it. Thank you in advance. J.A.
Ans:
Hi J.A. , from the facts you mentioned, there is no need for you to initiate annulment proceedings in the Philippines, with your lawful divorce in place and considering that at the time of your divorce, both of your were already US citizens.
Annulment is only applicable when the marriage is still subsisting and/or the marriage is void or voidable. However, this is not in attendant to your case. Your divorce has in effect severed your marriage in the Philippines. So there is nothing to annul.
Your remedy is to initiate legal proceedings in the Philippines for the recognition of your divorce decree/judgment by the Philippines court.
In the case of Garcia vs. Recio, the Philippine Supreme court laid down the specific guidelines for pleading and proving foreign law and divorce judgment in Court. The court ruled that “presentation of solely of the divorce decree is insufficient and proof of its authenticity and due execution must be presented. Mere submission of the copies of Divorce purportedly showing the dissolution of the marriage to the Filipino spouse cannot be taken as material and relevant enough to be given judicial notice of foreign laws by the Philippine courts as they must be alleged and proved in according with the rules of procedure and evidence. “
Based on the above ruling of the court , your lawyer in the Philippines should comply with the Supreme Court ruling in the presentation and admission of evidence , in Philippine jurisdiction, as held in the said recent case of Garcia vs. Recio, G.R. No.138322, October 2, 2001, 366 SCRA 437.
Once it is established judicially that indeed you have a valid divorce and the appropriate documentations and authentication of such records/judgment are established and duly admitted by the court as evidence, in accordance with the Rules of Evidence, then the court will have to rule in your petition and will order the NSO to annotate and enter into its records of such judgment recognizing divorce decree or judgment issued by a foreign court. Such recognition in effect removed whatever legal obstacle to your forthcoming marriage.
As to your concern that your ex-wife might not cooperate with you and/or her whereabouts is unknown, in providing you with proof of her US citizenship at the time you got the divorce, as may be required by the Philippine Court, then, you can officially make representations with the appropriate US authorities concerned, to issue a certificate to the effect that you ex-wife was a US citizen already as of such date. And this will prove that as of the time of your divorce, your ex-wife was already a US citizen as well.
As to the referral for a lawyer in the Philippine to handle your legal concern, I am sorry , this corner, being a purely community based service undertakings, does not provide referral services, as to do so, could be misconstrued as using this corner as a marketing tool for solicitation of counsel.
Thank you for writing and good luck.