 Divorce:Philippine Style At first glance, one would consider it ironic that it took a convent-educated and devout Catholic president to finally pass a divorce law in the Philippines. Many sectors had clamored for Congress to pass a divorce law but those efforts were always blocked by the Catholic Church. In truth, however, Article 36 was a victory for the Church because it is based on Canon law. Click the following to access the article: Divorced Filipino Spouse Can Remarry 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. Click the following to access the article: Divorce Between Filipinos Not Recognized by Philippine Law Although Philippine law now allows termination of marriages, it still does not recognize divorces obtained abroad by Filipinos. Click the following to access the article: Under Article 26, Divorce Must Be Filed By Foreign Spouse Anita’s legal capacity to marry is governed by Article 26 of the Family Code. You are correct in noting that Article 26 requires that the divorce should be obtained abroad by the foreign spouse, not by the Filipino spouse. Click the following to access the article: Secret Marriage Is there really such a thing as a secret marriage in the Philippines? As in getting married without having your marriage contract recorded? Our friend Ambo learned the answer to this question the hard way. Click the following to access the article: Absentee Petitioner (Nullity of Marriage Case) Petitions for declaration of absolute nullity of void marriages, as well as petitions for annulment of marriages, are governed by A. M. NO. 02-11-10-SC approved by the Philippine Supreme court on March 4, 2003. Under this rule, the petition will be dismissed if the petitioner fails to appear during the pre-trial of the case. However, the rule admits of one exception, that is, when there is a valid excuse for the petitioner’s failure to appear. Click the following to access the article: Absentee Husband: Can A Wife Remarry? But there is still one problem here. If one day Joel returns and executes an affidavit and presents such affidavit to the local civil register, Eldah’s marriage to Jon will automatically lapse. In lieu thereof, Eldah’s previous marriage to Joel will be resurrected. Although Eldah is already with Jon, she will still be shackled to Joel. Imagine the confusion such a situation would bring! Click the following to access the article: Some Miscinceptions About Marriage and Immigration United States immigration laws are quite complex, particularly as they relate to laws of foreign countries such as the Philippines. Today, we wish to correct some misconceptions that we have heard from our readers. xxx The fact that Nympha now has a new family does not matter. Bigamy is a public offense, which means that any person can file a bigamy case against Ed and Gretchen, even a total stranger. xxx Click the following to access the article: Legal Tidbits From Manila As we wrap up our Manila visit, we wish to share with you some of the more interesting cases we handled during our trip, to at least give you some idea on how these matters are currently being treated now in the Philippines. Click the following to access the article: |
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