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zeth77

hte minister change our real wedding date when he filed our marriage certificate, and it really bother's us!!!

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Posted
EDITED VERSION: (I tried to edit my post but it won't let me.)

Huh? What do you mean the minister is right? The minister tampered with their Marriage Certificate. The couple (OP) did not have any marriage license at the time they got married... therefore, both of them are wrong. First, she shouldn't have consented to the marriage without a license because under the law their marriage will be void from the beginning. Second, the minister is right only up to the point where he could not register the marriage under Dec 29, 2008 for lack of valid marriage license. HOWEVER, he is also wrong because he shouldn't have agreed to solemnize the marriage without a license on December 29, 2008. BOTH parties may be penalized under the law; the minister may even face criminal charges and be locked up.

MOST couple can get away with the same marriage situation BECAUSE the US Citizen stayed in the Philippines either longer or up until the registered date of their Marriage. HOWEVER, the problem of the OP is that her husband went back to the USA 7 days earlier than what is in their marriage certificate. The registered Marriage Date of the OP is Jan 8, 2009 while her husband flew back to USA on January 1, 2009. Proxy marriage is not allowed in the Philippines, therefore if the CO catches this date discrepancy they may face willful misrepresentation charges and she will get a ban.

However, this case is moot, the OP already said that she will just pray about it and not take any legal actions against the minister nor correct the mistakes that was done.

I'm not here to argue or be a know-it-all but it may cause confusion to other readers who may get the idea that what the OP and the minister did is legal. I repeat, this is ILLEGAL and if one of the parties later on decides to get out of the marriage (God forbid and I pray that this does not happen) the action for nullity of marriages that are Void Ab Initio (Void from the beginning) does not prescribe. MEANING: Any party may ask for the nullity of the marriage within their lifetime. If the couple is married for 40 years, and the husband decides he wants out, the marriage may be disolved by the court by merely proving that at the time he signed the marriage contract there was no valid marriage license or a marriage license was not yet issued by the local civil registrar. The effect is that there is no marriage to begin with and no marital laws will be protecting the aggravated party.

That's all.

Now I see the US citizen left befor the 10 days, you are right i'm wrong.

I know when I had my marriage We did a civil wedding at her home. I had to go back 10 days later and sign the papers at the Civil Reg.

The Marriage Application Process Once an American citizen has obtained from the Embassy an Affidavit in Lieu of a Certificate of Legal Capacity to Marry, he/she can file an application for a marriage license at the office of the Philippine Civil Registrar in the town or city where one of the parties is a resident. The license is a requirement for either a civil or church wedding in the Philippines. The U.S. citizen applicant will need to present:

:thumbs: Yep! Filipinos who are marrying a foreign spouse, the foreign spouse must obtain Certificate of Legal Capacity to Marry.

I just wanted to make sure that everything is clear for other people seeking for help in how to get married legally in the Philippines. This whole debacle could've been prevented by just waiting for the 10 days marriage ban and the foreign spouse just getting a visa extention (which is cheaper than what you are going to pay the "fixers" for speedy illegal marriages).

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Posted
EDITED VERSION: (I tried to edit my post but it won't let me.)

Huh? What do you mean the minister is right? The minister tampered with their Marriage Certificate. The couple (OP) did not have any marriage license at the time they got married... therefore, both of them are wrong. First, she shouldn't have consented to the marriage without a license because under the law their marriage will be void from the beginning. Second, the minister is right only up to the point where he could not register the marriage under Dec 29, 2008 for lack of valid marriage license. HOWEVER, he is also wrong because he shouldn't have agreed to solemnize the marriage without a license on December 29, 2008. BOTH parties may be penalized under the law; the minister may even face criminal charges and be locked up.

MOST couple can get away with the same marriage situation BECAUSE the US Citizen stayed in the Philippines either longer or up until the registered date of their Marriage. HOWEVER, the problem of the OP is that her husband went back to the USA 7 days earlier than what is in their marriage certificate. The registered Marriage Date of the OP is Jan 8, 2009 while her husband flew back to USA on January 1, 2009. Proxy marriage is not allowed in the Philippines, therefore if the CO catches this date discrepancy they may face willful misrepresentation charges and she will get a ban.

However, this case is moot, the OP already said that she will just pray about it and not take any legal actions against the minister nor correct the mistakes that was done.

I'm not here to argue or be a know-it-all but it may cause confusion to other readers who may get the idea that what the OP and the minister did is legal. I repeat, this is ILLEGAL and if one of the parties later on decides to get out of the marriage (God forbid and I pray that this does not happen) the action for nullity of marriages that are Void Ab Initio (Void from the beginning) does not prescribe. MEANING: Any party may ask for the nullity of the marriage within their lifetime. If the couple is married for 40 years, and the husband decides he wants out, the marriage may be disolved by the court by merely proving that at the time he signed the marriage contract there was no valid marriage license or a marriage license was not yet issued by the local civil registrar. The effect is that there is no marriage to begin with and no marital laws will be protecting the aggravated party.

That's all.

Now I see the US citizen left befor the 10 days, you are right i'm wrong.

I know when I had my marriage We did a civil wedding at her home. I had to go back 10 days later and sign the papers at the Civil Reg.

The Marriage Application Process Once an American citizen has obtained from the Embassy an Affidavit in Lieu of a Certificate of Legal Capacity to Marry, he/she can file an application for a marriage license at the office of the Philippine Civil Registrar in the town or city where one of the parties is a resident. The license is a requirement for either a civil or church wedding in the Philippines. The U.S. citizen applicant will need to present:

:thumbs: Yep! Filipinos who are marrying a foreign spouse, the foreign spouse must obtain Certificate of Legal Capacity to Marry.

I just wanted to make sure that everything is clear for other people seeking for help in how to get married legally in the Philippines. This whole debacle could've been prevented by just waiting for the 10 days marriage ban and the foreign spouse just getting a visa extention (which is cheaper than what you are going to pay the "fixers" for speedy illegal marriages).

Very True :thumbs:

'PAU' both wife and daughter in the U.S. 08/25/2009

Daughter's' CRBA Manila Embassy 08/07/2008 dual citizenship

http://crbausembassy....wordpress.com/

 
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