Do you know this Philippine law?

Question

OK, so I am going to the Philippines to go meet a girl from the internet. She was married and is separated now, but not officially divorced because she doesn't have money to get an annulment. Her husband threatened that he could take me to court and put me in jail if I try anything with her because she is still legally married to him. Is that possible or is it just a scare tactic to keep me from coming?

Answer 1

I am a law student here in Cebu. Currently there is no divorce in the Philippines considering that absolute divorce is being frowned upon because the intent of the framers of the Philippine laws (Civil Code & Family Code) was to preserve the sanctity of the marriage and the family. However, there are ways wherein when it has become impossible for couples to go on with their marriage they may avail of the remedies provided by law. And there are 2 remedies. One is Annulment, in this instance the couple can have there marriage annulled and will allow them to remarry with another person. Grounds for annulment is provided for in Article 36 of the Family Code which is Psychological Incapacity. Make sure not to fall prey into traps with the husband of the Filipina. Once he finds out that you two are getting intimate with each other he can sue his wife for adultery and also sue you for damages and possible criminal liabilty. It is actually better for you to consult an attorney if your really decide to pursue your relationship with her.

And even if you and the Filipina move to the US and she obtains a divorce there and you two get legally married, still your marriage with her in the eyes of Philippine law is still not valid. The ex-husband of your Filipina wife can still sue you guys.

The second remedy is Legal Separation. Well, this remedy is not the same with anullment which does not absolutely dissolve the marriage bond but only the property relations and the board and lodging of the spouses. The Spouses still are married but separated from board and lodging. They cannot legally contract a subsequent marriage and what is dissolved is only their property relations.

Contrary to what others are saying there is NO SUCH THING AS A VOID AND NULL MARRIAGE IF THEY HAVE BEEN SEPARATED FOR MORE THAN 7 YEARS. This only applies when either of the spouses have been absent and the whereabouts could not be known. There is even a need to have a Judicial Decree of Presumtive Death before the other spouse can legally enter into a new marriage and this can only be done by filing a petition in court to decalre the marriage dissolve in the gound of presumtive death due to his absence.

visit http://www.cebutravelsite.com ang get information from the travel services for Philippine laws or email me at [e-mail] for more information.

Answer 2

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Answer 3

Definitely a scare tactic. Which makes me think, does the husband still want to get together with her?

Divorce isn't legal in the Philippines and annulment takes a lot of time and money. But that doesn't mean that separation is rare in the Philippines. Au contraire.

Don't worry, he has nothing on you, he can't put you in jail for that. Do not be afraid. I'm a firm believer of marriage, and I think both parties should really work hard to make it work, but after all is said and done, and nothing works, I believe that each party deserve the right to go for their happiness.

Aside from the husband threatening issue, do not be afraid of the Philippines. It is a beautiful country and however other people who haven't really been to the Philippines but is just basing their opinions on whatever, say that it's not safe, or it's backwards or corruption is everywhere, it still does not undermine the experience you'll get when you visit the country. :)

Answer 4

It's not a scare tactic. You can definitely get jailed if you marry her, here or in the state, as the US and Philippine have diplomatic relationship. Even if you don't marry her but had sexual relationship, and it got recorded or witnessed somehow, either deliberately or accidentally, you'll be convicted with the charge of adultery. The husband can even murder you if you're caught in the act with his wife and he be acquitted.There's also a possibility that this engagement is a frame up to extort money from you.Legally, if ever you're convicted, not criminal offense, the prison term is minimal, but the moral damages the aggravated party may seek is immeasurable.Even if the man don't have enough money, he can always seek government assistance thru the PAO or public attorney's office.
But if you really are serious to get married with her. Try this option,the Family Code has an exemption which the other answerers haven't stated yet.Both of you must become muslim converts, she has the liberty to divorce her husband and get married again. You two have to study the islamic faith, file conversion to Islam papers, that is the ocr form 104(office of civil registrar), practice the faith, coordinate with (non government organization)ngo's muslim organization in the locality you have in mind. In Manila, there are many. Try listening to a radio program during saturdays, 2 -4 pm,1098 am khz, DWAD, contact # 091959966220.Also try this law office and a muslim organization in manila, philippines, 245-8456. I don't know their email ads, but you can ask legal and spiritual advices, they're quite good.

Answer 5

Please ask her for how long has she been separated from her husband and from what particular place does she stays/resides. Philippine law states that separation for 7 years (without contact) is ground for separation. Sorry, there is no divorce. Annulment costs so much (php150,000+).
The Philippines is a beautiful place. Just be choosy. There are places in Mindanao that is dangerous, though, not the whole of Mindanao. If you opt for a place in Luzon, there is almost no danger of coming. Foreigners here are free-flowing. It would be better if you seek help from her friends to guide and take care of you. News are sometimes exagerated.
Dont be afraid of an insecure husband. You and your girl deserves to be happy. Even as friends. Good Luck!!! Congratulations.

Answer 6

There is no divorce in Philippines only annullment and it's very expensive! The cheapest is somewhere 55 thousand pesos and that's not even sure if they will approve it, depends on the grounds and situation. Anyway I am filipina and my Aunt works in the Supreme court, she had the same situation, she wanted to have an annullment and be with another man and she consulted her boss/judge/friend I forgot her name, and she said that it is very difficult situation because under the law of Phil, even though your separated for many years your still married and it's considered adultery and you can be put to jail for it. It's very serious! I'll ask my aunt more info about it if you want send me email through yahoo answers, I'll be more willing to help.

Answer 7

I am also a Filipina. You do not want this kind of drama, do you? If you plan of only "visiting" your girlfriend and there are no other intentions like proposing or sleeping with her, I don't see anything is wrong with that. No, her ex-husband can't put you into jail. For what ground? Concubinage? No, I don't think so.

However, you should know things better and be wise. If she's not annulled yet, ask her if she filed for at least a legal separation (which both parties are no longer living together, in their separate ways but cannot re-marry somebody else unless they petition for annulment)-- I think this is something like R.O. But if she's not, you can't have a relationship with her because that's true, she's still legally married to him.

Annulment takes time because they have to get approval from the Vatican if that's a wedding held in a church plus the hassle of court proceedings and attorney's fees and a lot more. If you are sincere with your intention to her and feels like this relationship has a long way to go, and you love her and she's worth it, you can consider helping her financially and emotionally to get her marriage annulled.

But I hope you would be wise enough to know what the real situation is, to keep yourself out of trouble.

Answer 8

Hi. So, it's obviously none of my business but i just have to ask. Why go all the way to the philippines for a girl.
Answer to your question: Phillipines do not grant divorce. You can be separated from your spouse but you can not seek divorce within the country. My mother was in the same situation many years ago but sought divorce from the island of Guam, then, she remarried but in the US. In the philippines, she is still considered legally married to my father. And the husband can't take you to court. He can take the wife to court but not you.
I think this is how it goes, unless the laws have changed.
Good luck and hope this helps.

Answer 9

Like everyone else said. No, there's nothing he can LEGALLY do to put you in jail. That being said, if he's well connected or has a lot of cash he doesn't mind spending, then yeah, he can probably put you to jail. On the other hand, you really should be worrying about this being some kind of hoax or kidnapping attempt. This stuff is pretty common in Third World countries. If you search news archives, you'll probably realize that westerners get kidnapped in the Phillipines all the time. When I was going to private school in Manila, I went to a class specifically to teach me how to protect myself from kidnappers, muggers etc.

Answer 10

Adultery is a crime in the Philippines. Yes you could go to jail just by him reporting you to the local police. If he is a well connected politically, you can bank on it. Philippine Jail is not a place where you want to ever go. It's not a scare tactic, it's a real threat not to be taken lightly.