DIVORCE and REMARRIAGE IN THE PHILS.

The case is a Filipino citizen and an American citizen had a civil marriage in the Philippines. The latter later on files for divorce in the U.S and was given final judgement. Years later, the American citizen wishes to have a catholic marriage with a different Filipino citizen in the Philippines.

Please correct me if I'm wrong but as I have browsed in the forums, all the American citizen needs to acquire is a legal capacity to marry from the U.S embassy and then he and his new Filipino partner can acquire a marriage license and eventually can be married in the Philippines?

There will no longer be a need for the Petition for the Recognition of a Foreign Judgment of Divorce in the RTC?

Will the second marriage be valid?

Thank you and hoping for an answer to my query soon.

pup, if he can get a certificate of legal capacity whether from the us embassy or his own state, then I would argue that he has the right to get married again here. but there are others who disagree.

however, i heard that the us embassy no longer issues this certification and just allows you to issue an affidavit, which is also allowed under our family code. but in your situation, this would put you in grave danger of being charged with bigamy because the statement of your capacity to marry is just your word, and not that of a State.

thank you for replying to my post!

...so you mean the Filipino ex-partner has the right to charge bigamy to the American ex-partner if ever?

the way to minimize risk is to file a petition for recognition of the divorce, else there is the possibility that anyone who can produce the two marriage certificates will file a case of bigamy

Can the American citizen be the one to file for the petition of recognition of divorce?

yes

concern to this post...
my fiancee and her ex wife divorce for almost 15years,,,if ever he file apetition of recognition of divorce?where he can file this this???
thank you

is your fiancee a filipino?

is the ex wife a filipino also? and is their marriage registered at the nso?

no,,my fiancee is american..and yes her ex wife is filipino..yes there marriege is registired in nso..
but when my fiancee file a divorce on her ex wife she is u.s.citizen that time....
thank you so much

i answered your PM. if you need more information, you can send me an email at attyllaw @ gmail.com