US Citizen CEMAR in Philippines

[You Don't Know Me 6]

Has anyone here ever seen a CEMAR for a US Citizen that shows they are married in the Philippines?

 

Today I just found out that it's possible I may be a bigamist In the Philippines since neither party of my first marriage (to a Pinay married in PH) file for Recognition of our divorce in the US (she was already a US Citizen by the time we divorced).

 

I find it curious that the PSA wouldn't have said anything when my second marriage in PH was registered (also officiated in PH). I do have an official PSA Marriage Contract issued by PSA.

[You Don't Know Me 6]

Well, here it is! ALl personal information redacted but sure enough I'm a bigamist in PH!

 

Now the real problem is that I have no way to void the first marriage, she is a USC now and is married to another man. We don't have any contact and the last contact was hostile.

 

I can't file for recognition of the divorce because I don't live there and have no standing

[John & Rose 7,237]

Congratulations!!!  I wouldn't marry there again if I were you.  I had to get a CENOMAR before we could get our Marriage License in Manila.  I surprised that you were able to get a license without the CENOMAR.  I suppose it depends on the registrar.

 

I would think that it really doesn't matter anymore.  You are divorced in the US (and every country except the Philippines).  This is an interesting one.  Technically your ex wife is also a bigamist.  I suppose that if no one reports each other you are simply not officially married in the Philippines since there can be no ROM since you are still married to your first wife.  I'm going to follow this one.  It is interesting to see what really matters and what doesn't. in the eyes of the Philippine government.

Edited October 18, 2018 by John & Rose

[Hank_ 9,171]

50 minutes ago, You Don't Know Me said:

Well, here it is! ALl personal information redacted but sure enough I'm a bigamist in PH!

 

Now the real problem is that I have no way to void the first marriage, she is a USC now and is married to another man. We don't have any contact and the last contact was hostile.

 

I can't file for recognition of the divorce because I don't live there and have no standing

And that is why some municipalities will not accept the Affidavit from the embassy and require a CENOMAR.

 

Now here is a twist to ponder.   You got married again in the Philippines, being your first marriage is still valid according to the document you posted, is your 2nd marriage valid?    You are divorced in all the world but the Philippines, yet you married a 2nd time in the Philippines ... the one country where you shouldn't be able to marry.  How will the embassy react to this?

 

 

[You Don't Know Me 6]

24 minutes ago, Hank_ said:

And that is why some municipalities will not accept the Affidavit from the embassy and require a CENOMAR.

 

Now here is a twist to ponder.   You got married again in the Philippines, being your first marriage is still valid according to the document you posted, is your 2nd marriage valid?    You are divorced in all the world but the Philippines, yet you married a 2nd time in the Philippines ... the one country where you shouldn't be able to marry.  How will the embassy react to this?

 

 

Another question:

 

If I ever return to the Philippines and the ex is angry with me can she get me arrested for Bigamy?

 

Even better how can I get the first marriage voided knowing the the ex will never cooperate?

[John & Rose 7,237]

40 minutes ago, Hank_ said:

And that is why some municipalities will not accept the Affidavit from the embassy and require a CENOMAR.

 

Now here is a twist to ponder.   You got married again in the Philippines, being your first marriage is still valid according to the document you posted, is your 2nd marriage valid?    You are divorced in all the world but the Philippines, yet you married a 2nd time in the Philippines ... the one country where you shouldn't be able to marry.  How will the embassy react to this?

 

 

Interesting.  So he is not legally married anywhere except in the Philippines to his first wife!  He isn't a bigamist since the second marriage was illegal.  I am amazed that they made it through the process with raising any red flags.  I needed a CENOMAR and divorce papers to get the marriage license there.

[Hank_ 9,171]

5 minutes ago, You Don't Know Me said:

Another question:

 

If I ever return to the Philippines and the ex is angry with me can she get me arrested for Bigamy?  POTENTIALLY... YES!

 

Even better how can I get the first marriage voided knowing the the ex will never cooperate?  *

* I have to believe there is a way for a foreigner who divorced his Filipino spouse to get the divorce recognized in the Philippines.   Have you tried to contact a good attorney in the Philippines on this?  Does the law strictly forbid a foreigner from pursuing the Recognition of Divorce through the RTC?   Logically this would make since.

 

Ya I know .. this is the Philippines .. logic does not apply.

 

Your EX does not have interest in her Philippine passport being in her new name and not her old married name from your marriage?   Even completing dual citizenship to acquire a Philippine passport could get interesting.

 

Have you tried to approach her offering to pay the expense and she just sign the necessary documents to complete the Recognition of Divorce?

[You Don't Know Me 6]

36 minutes ago, Hank_ said:

* I have to believe there is a way for a foreigner who divorced his Filipino spouse to get the divorce recognized in the Philippines.   Have you tried to contact a good attorney in the Philippines on this?  Does the law strictly forbid a foreigner from pursuing the Recognition of Divorce through the RTC?   Logically this would make since.

 

Ya I know .. this is the Philippines .. logic does not apply.

 

Your EX does not have interest in her Philippine passport being in her new name and not her old married name from your marriage?   Even completing dual citizenship to acquire a Philippine passport could get interesting.

 

Have you tried to approach her offering to pay the expense and she just sign the necessary documents to complete the Recognition of Divorce?

The only case I've seen where a foreign citizen tried to file for ROD was rejected by the court for 2 reasons:

 

1. He didn't live in the Philippines so they don't have jurisdiction.

2. Since the purpose of the ROD is to allow a PH Citizen to be free to marry after a foreign divorce (equatable standing to foreign spouse) and the foreigner is free to marry there in no perceived benefit for them to avail. I can't find that link any more.

 

Pretty much means I'm boned if I ever want to spend time there!

 

BTW, if the ex gets wind of this being something I want or need then she'll never cooperate even if it means she will have the aforementioned issues.

Edited October 18, 2018 by You Don't Know Me

[Hank_ 9,171]

1 minute ago, You Don't Know Me said:

The only case I've seen where a foreign citizen tried to file for ROD was rejected by the court for 2 reasons:

 

1. He didn't live in the Philippines so they don't have jurisdiction.

2. Since the purpose of the ROD is to allow a PH Citizen to be free to marry after a foreign divorce (equatable standing to foreign spouse) and the foreigner is free to marry there in no perceived benefit for them to avail. I can't find that link any more.

 

Pretty much means I'm boned if I ever want to spend time there!

 

BTW, if the ex gets wind of this being something I want or need then she'll never cooperate even if it means she will have the aforementioned issues.

 

 

As the saying goes ..  Welcome to the Philippines.

 

Sad that there is not a provision for a foreigner to negate his marriage in the Philippines the same as the Filipino party of the marriage.

 

 

[You Don't Know Me 6]

Found the link:

 

https://carpiodelacruzlawoffice.wordpress.com/2015/03/05/local-adoption-requirements/

[Hank_ 9,171]

2 hours ago, You Don't Know Me said:

Found the link:

 

https://carpiodelacruzlawoffice.wordpress.com/2015/03/05/local-adoption-requirements/

 

The court seemed to assert that for the foreigner the divorce decree is already recognized.   That actually is pretty good info regarding a foreigner ... the foreign divorce decree is adequate evidence of the marriage being severed.    

 

 

"The Court, thus, recognized that the foreign divorce had already severed the marital bond between the spouses. "

Edited October 18, 2018 by Hank_

[You Don't Know Me 6]

2 minutes ago, Hank_ said:

 

The court seemed to assert that for the foreigner the divorce decree is already recognized.

 

 

"The Court, thus, recognized that the foreign divorce had already severed the marital bond between the spouses. "

Yeah, I have contacted that lawyer and he basically said the same thing.

[Hank_ 9,171]

4 minutes ago, You Don't Know Me said:

Yeah, I have contacted that lawyer and he basically said the same thing.

 

To me that reads .. You are not a bigamist as you have your foreign divorce decree.   TaaDaa!    

[You Don't Know Me 6]

7 minutes ago, Hank_ said:

 

To me that reads .. You are not a bigamist as you have your foreign divorce decree.   TaaDaa!    

I guess I'll just have to carry my divorce decree with me when I'm there (just to be safe)!

Edited October 18, 2018 by You Don't Know Me

[Hank_ 9,171]

3 hours ago, John & Rose said:

Interesting.  So he is not legally married anywhere except in the Philippines to his first wife!  He isn't a bigamist since the second marriage was illegal.  I am amazed that they made it through the process with raising any red flags.  I needed a CENOMAR and divorce papers to get the marriage license there.

After reading the link he provided I would lean towards his divorce is already recognized .. he isn't a bigamist.