Annulment and support

Magandang araw po. May sister po ako nagtatrabaho sa Canada may asawa at dalawang anak, naghiwalay sila ng 2006 but they did not file any legal separation.2009 nagfile ng divorce sister ko sa Canada at she send divorce paper sa bayaw ko na nakatira sa Pinas.(She had a permanent residency that time.She send money para sa studies at needs ng mga bata. Gusto nya makuha mga anak nya to be with her and to give them a better education. But afterwards ayaw nila pumunta Canada. Nagkaanak sya sa ibang lalaki at may gf na rin ex husband nya.Her eldest is 21 now and her youngest is 18. The children is asking to support their studies.Takot sya umuwi sa Pinas kasama new baby nya dahil baka kasuhan sya ng ex nya. May inheritance kami from our lola pero wala pang papers to prove or will na she will give it to us kasi nagpatayo sila ng bahay sa lupa ng lola ko. May habol ba ex nya sa mga lupa na hinde pa binibigay ng lola ko. 21 and 18 years old na mga kids nya need pa ba nya suportahan yung eldest nya. Pede na ba sya magfile ng annulment. Canadian citizen na sya. Salamat for taking time to read this. Pasensya na po ang haba
..

Hi,

Since your sister was only a permanent resident of Canada (not a citizen) at the time that she filed for divorce, the divorce decree cannot be judicially recognized here in the Philippines. As a rule, laws on status (ex. civil status) apply to Filipino citizens although they may be living abroad. In other words, since Philippines has no divorce law, a divorce decree obtained by a Filipino citizen abroad is not recognizable here.

Considering that your sister is still married to her ex, in so far Philippine law is concerned, he is still entitled to 1/2 of the conjugal properties/absolute community of properties (depending on the date of their marriage).

If your sister wants to have her marriage nullified in the Philippines, she may file for petition for nullity of marriage based on psychological incapacity (if either or both of them are found to have psychological incapacity to perform essential marital obligations.)

With respect to the properties of your grandmother, inheriting her properties will only take place upon her death.

You may also email me directly on km@kgmlegal.ph

Best regards,

Atty. Katrina