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Dougb

Need help cfo requirement Philippines

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12 minutes ago, javadown2 said:

I'm confused, he makes it sound like HE (US citizen) needed a CENOMAR if I read that right? I didn't think non Philippines citizens have CENOMARs? I can see how he needs to show proof of marriages/divorces but I'm totally confused with this thread.

Some cities will not accept the affidavit from the embassy and do require a CENOMAR of the foreigner.   Anyone can request a CENOMAR, if no marriage turn up in the PSA search the CENOMAR is issued, if a marriage turns up in the search the CEMAR is issued, the same as with Filipinos.

 

In this case a CEMAR (Advisory of Marriage Certificate) was issued by PSA, without any notations ... which states he is MARRIED.   Why Pasay issued a marriage license is beyond me .. but I am sure the person that did issue it will become "enlightened" in the near future as this all unravels.

Hank

"Chance Favors The Prepared Mind"

 

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Filed: Other Country: Philippines
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10 minutes ago, javadown2 said:

Interesting, I'm guessing in your first marriage that you did a ROM and they put you into their system or during the marriage process. It sounds like your in a bad predicament. But honestly you should have known better, everyone from the Philippines or married to a Philippines citizen knows that they don't recognize divorces within the Philippines!

There is no ROM to file.   He was married IN the Philippines the first time .. and the second time.      

 

And yes, it could turn into a nasty can of worms.

Edited by Hank_

Hank

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1 minute ago, Hank_ said:

Some cities will not accept the affidavit from the embassy and do require a CENOMAR of the foreigner.   Anyone can request a CENOMAR, if no marriage turn up in the PSA search the CENOMAR is issued, if a marriage turns up in the search the CEMAR is issued, the same as with Filipinos.

 

In this case a CEMAR (Advisory of Marriage Certificate) was issued by PSA, without any notations ... which states he is MARRIED.   Why Pasay issued a marriage license is beyond me .. but I am sure the person that did issue it will become "enlightened" in the near future as this all unravels.

I just spoke to 2 attorneys there and they both said that I have to have my divorce decree red ribboned from the philippine consulate of my state. A annulment is not required of a US citizen. 

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13 minutes ago, Dougb said:

I just spoke to 2 attorneys there and they both said that I have to have my divorce decree red ribboned from the philippine consulate of my state. A annulment is not required of a US citizen. 

Ah yes the authentication process .. Red Ribbon.

 

Two attorneys stated an annulment is not required of a U.S. citizen?  Seriously, they said that?    Check with better attorneys.      There is a caveat regarding needing or not needing an annulment and that is the divorce recognition process.    

 

What I would ask those attorneys is - HOW do they suggest you get an annotated Advisory of Marriage Certificate from PSA to show that you are FREE to marry without completing the annulment process (excluding the Recognition of Divorce process) ?

 

If you marry in the Philippines (or ROM was completed) and want to marry again in the Philippines, even if you are a foreign citizen, you need to be FREE to marry according to the laws of the Philippines - (excluding the recognition of divorce) that means completing the annulment process.

 

 

Most USCs that were married in the Philippines before avoid all this BS by taking the K-1 visa route the next time, thus moving the marriage outside the Philippines.

Edited by Hank_

Hank

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1 minute ago, Hank_ said:

Ah yes the authentication process .. Red Ribbon.

 

Two attorneys stated an annulment is not required of a U.S. citizen?  Seriously, they said that?    Check with better attorneys.      There is a caveat regarding needing or not needing an annulment and that is the divorce recognition process.    

 

What I would ask those attorneys is - HOW do they suggest you get an annotated Advisory of Marriage Certificate from PSA to show that you are FREE to marry without completing the annulment process (excluding the Recognition of Divorce process) ?

 

If you marry in the Philippines (or ROM was completed) and want to marry again in the Philippines, even if you are a foreign citizen, you need to be FREE to marry according to the laws of the Philippines - (excluding the recognition of divorce) that means completing the annulment process.

Do you know any good attornies over there?

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1 minute ago, Dougb said:

Do you know any good attornies over there?

Nope.

 

That link I gave you earlier was from an attorney, no knowledge if he is good or bad.   He did graduate from the University of the Philippines .. probably the top college in the Phils.

 

https://www.up.edu.ph/index.php/up-still-one-of-top-400-universities-in-the-world/

Hank

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5 minutes ago, Dougb said:

Do you know any good attornies over there?

So if you were to pull up my cinemar  right now would it show 2 wives?  How did we ever get issued a PSA certificate of marriage ?

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He was one of the attorneys that said I only need it red ribboned. He said they are not reading the law correctly. Just bring the red ribbon divorce decree to the cfo.

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12 minutes ago, Dougb said:

So if you were to pull up my cinemar  right now would it show 2 wives?  How did we ever get issued a PSA certificate of marriage ?

I would say yes .. two "active" marriages would show up at PSA  (figuring the local registry in Pasay has forwarded the marriage document to PSA)

 

The question should be - Why did Pasay City issue you a marriage license??  < According to Philippine law you were not free to marry.     PSA issued CEMAR confirmed that.

 

PSA is the statistics branch of the government, they don't "issue" they simply record documents

Edited by Hank_

Hank

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“LET’S GO BRANDON!”

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Filed: Other Country: Philippines
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8 minutes ago, Dougb said:

He was one of the attorneys that said I only need it red ribboned. He said they are not reading the law correctly. Just bring the red ribbon divorce decree to the cfo.

Believe it or not some were able to do just that for a time, get DFA to Red Ribbon the divorce decree and PSA accepted it .... "were"    Recently DFA has informed people they need the Recognition of Divorce from the RTC to complete the process.

 

https://psa.gov.ph/civilregistration/problems-and-solutions/annotation-effects-divorce-declared-foreign-country

 

Here is what is ACTUALLY required:

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 (RTC-Phil).
  2. The court decision shall be registered in the Local Civil Registry Office (LCRO) where the concerned RTC-Phil 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:
    1. 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).
    2. Original or Certified True Copy of the Certificate of Finality of the decision of Regional Trial Court (RTC-Phil).
    3. Certificate of Registration of the decision of Regional Trial Court (RTC-Phil) 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.
Edited by Hank_

Hank

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“LET’S GO BRANDON!”

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12 minutes ago, Hank_ said:

Believe it or not some were able to do just that for a time, get DFA to Red Ribbon the divorce decree and PSA accepted it .... "were"    Recently DFA has informed people they need the Recognition of Divorce from the RTC to complete the process.

 

https://psa.gov.ph/civilregistration/problems-and-solutions/annotation-effects-divorce-declared-foreign-country

 

Here is what is ACTUALLY required:

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 (RTC-Phil).
  2. The court decision shall be registered in the Local Civil Registry Office (LCRO) where the concerned RTC-Phil 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:
    1. 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).
    2. Original or Certified True Copy of the Certificate of Finality of the decision of Regional Trial Court (RTC-Phil).
    3. Certificate of Registration of the decision of Regional Trial Court (RTC-Phil) 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.

I just spoke to the Philippine consular office here and they said if I got issued a psa marriage certificate I'm married and I need to give the cfo the red ribboned divorce decree. Same as what the attorney s said. Crazy

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4 minutes ago, Dougb said:

I just spoke to the Philippine consular office here and they said if I got issued a psa marriage certificate I'm married and I need to give the cfo the red ribboned divorce decree. Same as what the attorney s said. Crazy

The list doesn't apply to the alien spouse as I read it.

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Filed: Other Country: Philippines
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32 minutes ago, Dougb said:

I just spoke to the Philippine consular office here and they said if I got issued a psa marriage certificate I'm married and I need to give the cfo the red ribboned divorce decree. Same as what the attorney s said. Crazy

Really!   Very interesting!   That would be excellent if it is true ... see how CFO responds.

 

I truly hope it works for you.  

 

And if it does - do celebrate as you for sure dodged a bullet.   Time to go play the lottery!

Hank

"Chance Favors The Prepared Mind"

 

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“LET’S GO BRANDON!”

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