THE FIRM ATTORNEY PROFILES PRACTICE AREAS CLIENT EXTRANET LOGIN
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Primary Contact

316 Mile Long Building

Amorsolo Street

Legaspi Village

Makati City

1200 Philippines

Telephone: (632) 8941441

TeleFax: (632) 8124296

e-mail: gtalaw@gtalawphil.com

 

Office Hours

9:30AM to 5:30PM PH Time

Monday - Friday

 

www.gtalawphil.com

             
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

     

ANNULMENT 101:  Philippine Annulment Law Made Easy

 

 

LESSON VIII: DIVORCE OBTAINED BY FORMER FILIPINO CITIZENS ABROAD
 

Q. I am a former Filipino citizen. I got married, also to a Filipino Citizen, in a church wedding in Manila on April 09, 1995. I migrated to the United States sometime in October 1996. I became a naturalized American citizen in 2004. I divorced my Filipina wife after I became a U.S. citizen. Do I still need to file a Petition for Annulment of Marriage before Philippine Courts?

 

GTALAW: No. There is no need to file the Petition. The Divorce that you obtained in America was valid and recognized in Philippine jurisdiction. This is so because you are no longer a Filipino citizen when the Divorce Decree was issued. This issue was already settled by the Supreme Court in LLORENTE versus Court of Appeals G.R. No. 124371. November 23, 2000. This will also entitle your ex-wife to marry again.

 

Q. I am a former Filipino citizen married to a Filipino citizen. I have recently obtained a Decree of Absolute Divorce of my marriage in the Philippines from the Circuit Court of Cook County, Chicago Illinois. Do I still need to file an Annulment Petition in the Philippines?  

 

GTALAW: No. There is no need for you to file another Petition for Annulment in the Philippines. The Decree of Absolute Divorce can be recognized in the Philippines because you are no longer a Filipino citizen when you obtained the Decree from the Circuit Court in Cook County in Chicago, Illinois. Please see case of LLORENTE versus Court of Appeals G.R. No. 124371. November 23, 2000.

 

Q. Recently, I went to the local Civil Registrar in Quezon City to record in my Marriage Contract, the Decree of Absolute Divorce which I obtained from Baltimore County Circuit Court in the United States. I told them that I am no longer a Filipino citizen when I obtained the Decree of Absolute Divorce. But the Local Civil Registrar refused to record my Divorce without a Court Order from the Philippine Courts. What should I do?

 

GTALAW: The Local Civil Registrar correctly refused to annotate your Divorce Decree in your marriage Contract. You have to file a Petition for the Recognition of a Foreign Judgment of Divorce at the Regional Trial Court. You will need an experienced lawyer to do this because there are intricate legal procedures involved in this process.

 

Q: What if my ex-wife, who is a Filipina, was the one who a obtained a Divorce before American Courts. Is the Divorce valid? Is she entitled to remarry under Philippine Law?

 

GTALAW: No. The Divorce obtained by your Filipina wife is not valid. She is not entitled to remarry because the Divorce which was obtained by her before American Courts is not recognized under Philippine Law. As a Filipino citizen, the Family Code of the Philippines should be followed on how her marriage will be dissolved.   

 

Q: My husband is a legal permanent resident in California U.S.A. Just recently, he obtained a Divorce in America. Is the Divorce valid under Philippine Law?

 

GTALAW: No. The Divorce is not valid under Philippine Law. Your husband is still a Filipino citizen even though he has a legal permanent status in the U.S. As a Filipino citizen, the Family Code of the Philippines should

be followed on how your marriage will be dissolved.

 

:: Related Topics

 

Lesson I: Annulment of Marriage

 

Lesson II: Declaration of Nullity of Marriage

 

Lesson III: Issues about Marriage License

 

Lesson IV: Issues About Psychological Incapacity

 

Lesson V: Court procedure and evidence to prove psychological Incapacity

 

Lesson VI: Solutions for Petitioners Working Overseas

 

Lesson VII: Issues after the issuance of Annulment Decision

 

Lesson VIII: Divorce obtained by former Filipino citizens

 

Lesson IX: Our Fee Structure

 

 

 

 

 

       
       

 

COURT DECISIONS

Read latest decisions of the

Supreme Court on Nullity

of Marriage

 
             

Contact Us

     

 

GETTING STARTED

How to file a Petition for

Annulment or Declaration

of Nullity of Marriage?

 
       

Annulment Main

         
               

 

ANNULMENT PROCEDURE

Step-by-step procedure in

filing a Petition for Nullity

Nullity of Marriage

 
                     
               

 

ANNULMENT LAW

Read the Rule on

Declaration of absolute

Nullity of void Marriages

and Annulment of void

Marriages

 
                       

 

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Guzman Taņedo & Acain Law Offices
316 Mile Long Building, Amorsolo Street, Makati City, Philippines - Telephone: 894.14.41; Telefax: 812.42.96

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