Q. Dear Sir, I was married in the Philippines on Aug. 31 ,1961 but the marriage was dissolved on 1976 when I filed a divorce. I am a Filipino by birth but is now residing in Canada and has acquired my Canadian citizenship on 1979.
I have been going back and forth in the Philippines since 2005 . I want to marry my girlfriend who is living in the Philippines because I want to bring her to Canada .
My question is , am I allowed to marry my girlfriend since I have been divorced from my wife since 1976. My first wife is also living in Canada and she is now also a Canadian citizen . I would appreciate very much if you can answer my query via my email the soonest time possible. Thank you very much. RDLR.
Ans: The divorce that you secured in 1976 did not terminate your marriage in the Philippines as it was only in 1979 that you became a Canadian citizen. Prior to 1979, as a Filipino citizen, Philippine laws relating to family rights, duties or to the status, condition and legal capacity of a person, including marriage are binding upon Filipino citizens even those living abroad. ( Art.15 Civil Code of the Philippines, as amended)
Furthermore, this corner is of the view that the divorce your obtained in 1976 while still being a Filipino citizen then did not severe your marriage. Neither obtaining your Canadian citizenship in 1979 could have retroactive effect as to validate the divorce you secured in 1976, in so far as the Philippine law is concerned.
Should you intend to marry again and in order for your subsequent marriage could be valid, it is essential that the first and subsisting marriage be dissolved or terminated first. Either by way of annulment or divorce. Had you secured your divorce at the time you were already Canadian citizen, the processes could be less complicated, as all you have to do is file a petition in Philippine court for the recognition of foreign judgment(Divorce) so that once granted, the office of the Civil Registrar or the NSO in the Philippines will have the basis of issuing the certificate of no marriage(CENOMAR) or to the effect that your subsisting marriage by virtue of your divorce secured abroad is deemed dissolved or terminated.
For purposes of marrying your girlfriend, you could get married outside the Philippines or here in Canada. And if such marriage is valid under laws of Canada and the laws of the country that the marriage is celebrated and considering that you are now a Canadian citizen, then such marriage serves as your legal basis in sponsoring your girlfriend to Canada.
The other option, is to file the petition for the recognition of foreign judgment of your divorce with the Philippine court, or the annulment of your subsisting marriage. If granted, then the court will order the Civil Registrar or the NSO to make the necessary annotations in their records recognizing the fact of your divorce and the termination of your existing marriage in the Philippines.
However, the petition for the recognition of foreign judgment as stressed above, could be challenged as at the time you got your divorce you were still a Filipino citizen. On the other hand, given that you are now a Canadian citizen, the court may reconsider this fact in favour of your petition. If the petition is denied, your last option is to file an annulment of your marriage. This procedure is more cumbersome and more expensive and could take longer time.
Looking forward you’ll find the above in order and welcome to the “ Batas Pinoy Global Community”.
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