Bigamy Case

My husband went to Canada to work under work permit after nine months he asked someone to serve me a divorce paper. I didnt take any action regarding the said paper and after 3 mos. my husband sent me a copy of the final judgment of the said divorce. He was vehemently denying having a mistress in Canada. He is now here in Phils.for vacation only to find out he is with his mistress and they are now residing at the mistress's house. I confronted the woman thru txt and she claimed that she is the legal wife since divorce according to her is recognized here in the Phils. She even challenge me "sampalan tayo ng papel" to prove that she is the legal wife.Can I charge my husband with bigamy if they are indeed married in Canada? How can I secure a copy of their marriage cert in Canada as my proof of their marriage?

Medyo technical po itong kaso ninyo. Sa bigamy dapat ang krimen e nagawa sa pinas so dapat 2 times nagpakasal sa pinas imho. So baka alanganin ka sa bigamy.

Btw you did not mention kung ano nationality ng asawa mo.mkung pinoy pa rin siya he she is still married to you sa pinas. No need to bother tungkol sa kasal sa canada. Ang impt e pinoy pa rin si partner" better get a lawyer kasi medyomtechnical ito if you want to protect your rights as the wife.

I believe he is still a Filipino Citizen. He has been to Canada for a short time and to be a Canadian Citizen he has to be living in Canada for at least 3 or more years.
http://www.ehow.com/how_5385520_become-citizen-canada.html
In this case he has no right to divorce you under Canadian law as he is not a Canadian Citizen, in otherwords, all of what he and his mitress said are rubbish! they are just bollocking you! assuming you are that ignorant!
Dare the mistress about the marriage certificate she offers you to see so you can see if it is true. If she is Canadian Citizen that is another matter and the technicality here is, he is not married twice in the Philippines.

On the other hand, if the woman is still a Filipino Citizen they are probably marriage through the Philippine Embassy, in that case, he has clearly committed 'BIGAMY' because they are still both under Philippine jurisdiction. And this will eventually forwarded to NSO and will show if they are married under Philippine jurisdiction.
Divorce is not that fast and easy to be recognise in the Philippines they have to file a petition for their divorce to be recognise and this takes years as well.
In other words, that mistress is just trying to fool you by playing tough and trying hard to frighten you! hoping that you will just give up on your husband

ela_0128@yahoo.com.ph wrote:My husband went to Canada to work under work permit after nine months he asked someone to serve me a divorce paper. I didnt take any action regarding the said paper and after 3 mos. my husband sent me a copy of the final judgment of the said divorce. He was vehemently denying having a mistress in Canada. He is now here in Phils.for vacation only to find out he is with his mistress and they are now residing at the mistress's house. I confronted the woman thru txt and she claimed that she is the legal wife since divorce according to her is recognized here in the Phils. She even challenge me "sampalan tayo ng papel" to prove that she is the legal wife.Can I charge my husband with bigamy if they are indeed married in Canada? How can I secure a copy of their marriage cert in Canada as my proof of their marriage?

In case we can't prove bigamy, maybe you could consider a Concubinage case under Art. 334 of the Revised Penal Code.

How can I secure a copy of their marriage cert in Canada as my proof of their marriage?


NOT possible!!!

Who is entitled to apply for a marriage certificate?
There are restrictions on who may apply for a marriage certificate. The parties to the marriage, children of the marriage, parents of the parties to the marriage and legally authorized representatives acting on behalf of these individuals are entitled to apply. Authorized representatives are required to provide proof of authorization.

Who is entitled to apply for a certified copy of marriage registration?
The parties to the marriage, and a legally authorized representative acting on behalf of either party to the marriage are entitled to apply. Authorized representatives are required to provide proof of authorization.

Check this Canadian website:

https://www.orgforms.gov.on.ca/eForms/eForms_faq/start.do?lang=en#marriageInfo

Kung sakali po ang 1st marriage ay na-annuled then nakapag-asawa muli (2nd marriage) ang isang party, and since annulment case decision can be appealed and if reversal did happen, will a case of bigamy now may likely to prosper?

No it will not prosper! When it's annulled, it's annulled it can't be reversed back!

how about challenging a decision of annulment in SC for its reversal or reinstatement. since you knew that the process in soliciting that decision in RTC is from illegal acts i.e. iyon widely used here in the Philippines, even paid the OSG official para walang appeal. Will SC entertain your appeal?

Just want to ask can i file a bugamy case where i resides or i should file that where our marriage ceremony took place

Kinasuhan po ako ng Bigamy ng aking wife..may letter ako na natanggap na nagsasabi nakataas ang kaso sa korte..alam ko na din saan branch ito napunta. Pero walapa ako scheduleof hearing,hindi pa ako na arraign at wala pa din warrant of arrest.

Question:
Kahit po ba wala pang warrant of arrest reflected na sa NBI? worried po kasi ako baka reflected na ito.

If there's a case number then it will be forwarded to the NBI.