to all the filipinas...

[rheanick 42]

"joms" information seems to be the most accurate... so walls1010, curious lang ako sa batas natin, you had your first marriage in the philippines, tapos you got married to a non-filipino a 2nd time in hongkong, which you did not report to the NSO. na-annul ba yung first marriage mo dun sa pinoy bago ka humingi ng divorce decree?

(ang pinsan ko kasi in the same situation so hindi pa sya makapag decide kung ano ang gagawin)

Just a simple analysis, no offense meant to walls1010:

If walls1010 previous husband is a filipino and they got married in the philippines then her 1st marriage is still valid. In case her previous husband get hold of her present marriage certificate (2nd marriage), he could file a case of bigamy to her since she is still legally married to her husband in the phillipines. Though a divorce had been filed in hongkong, it is not recognized in our country.

Technically, she is committing bigamy under the philippines law.

I'm no lawyer and i could be wrong...

[LaneAndDaisy 0]

for lyn and jeff's post::::

as quoted by Jom...since we have same understanding of CENOMAR:

"""CENOMAR ( Certificate of No Marriage ) is only required by K1 beneficiaries who have never been married in their lifetime.

For K1 beneficiaries who have been married and the same already annuled, what is required is the CERMAR ( Certificate of Marriage) with the Annulment annotated on it."""

[LaneAndDaisy 0]

hi there....id like to add on:

what m about to write here is the same thing i replied to her post regarding Cenomar..as per my own understanding, Cenomar is only given to those ladies who were never married..before or during the application of K-1..its not true that K-1 applicants are all single and were required to present Cenomar..like in the case of already annulled women before filing of K-1, may not be presenting their Cenomar because they were married before in the eyes of the Phil. law..in other words, she can put in her I-129 form "single" but with alias (her married name used) and the name of previous spouse and of course with strong evidence of her annulment such as the Court Decision and Finality and the most important proof--ANNOTATED Marriage Contract from NSO,,this are the exact requirements for the "formerly" married women...i think why she was asked for a cenomar was that maybe she put in her K-1 application as single and never married in the PI...if her marriage in the Phils was legal and registered at NSO, definitely, she cant deny that...moreover, there is no divorce in the PI..legally, after the annulment, she needs to endorse her court decision and finality to the local civil registrar so they in turn can endorse that to NSO so the latter can put remarks in her marriage contract that her previous marriage was already dissolved, thus she is free to remarry...

a Cenomar (certificate of No marriage) is for single ladies..never married before and during application of K-1..

a Cemar(certificate of marriage) however is for those K-3 applicants..

i hope m correct on this matter...this reply is still open for additional info i missed.

thanks and god bless

Hi Lane and daisy,

I am very confused now regarding CENOMAR, my lawyer told me to prepare Birth cert, NBI and Cenomar for my interview..I dont know if i can get CENOMAR since i am annulled.I have here my annotated marriage contract already. I will go to NSO office on monday ...

lyn

sis daisy pede ata un kc magiging record don eh annuled na ung marriage....

tin dear...di un cenomar kasi it is strictly for single ladies lang who were never married before or during the K-1 application..maybe its cemar ur referring to...

[jom 4]

"joms" information seems to be the most accurate... so walls1010, curious lang ako sa batas natin, you had your first marriage in the philippines, tapos you got married to a non-filipino a 2nd time in hongkong, which you did not report to the NSO. na-annul ba yung first marriage mo dun sa pinoy bago ka humingi ng divorce decree?

(ang pinsan ko kasi in the same situation so hindi pa sya makapag decide kung ano ang gagawin)

Just a simple analysis, no offense meant to walls1010:

If walls1010 previous husband is a filipino and they got married in the philippines then her 1st marriage is still valid. In case her previous husband get hold of her present marriage certificate (2nd marriage), he could file a case of bigamy to her since she is still legally married to her husband in the phillipines. Though a divorce had been filed in hongkong, it is not recognized in our country.

Technically, she is committing bigamy under the philippines law.

I'm no lawyer and i could be wrong...

No, the filipino husband can't file a bigamy case against her because she got married to the USC here in the US. Criminal cases are territorial, if the act is not committed in the Philippines, our criminal courts have no jurisdiction over it.

[rheanick 42]

"joms" information seems to be the most accurate... so walls1010, curious lang ako sa batas natin, you had your first marriage in the philippines, tapos you got married to a non-filipino a 2nd time in hongkong, which you did not report to the NSO. na-annul ba yung first marriage mo dun sa pinoy bago ka humingi ng divorce decree?

(ang pinsan ko kasi in the same situation so hindi pa sya makapag decide kung ano ang gagawin)

Just a simple analysis, no offense meant to walls1010:

If walls1010 previous husband is a filipino and they got married in the philippines then her 1st marriage is still valid. In case her previous husband get hold of her present marriage certificate (2nd marriage), he could file a case of bigamy to her since she is still legally married to her husband in the phillipines. Though a divorce had been filed in hongkong, it is not recognized in our country.

Technically, she is committing bigamy under the philippines law.

I'm no lawyer and i could be wrong...

No, the filipino husband can't file a bigamy case against her because she got married to the USC here in the US. Criminal cases are territorial, if the act is not committed in the Philippines, our criminal courts have no jurisdiction over it.

I would disagree in this one... "Philippine laws on marriage govern a Filipino wherever he/she is in the world. In other words, any marriage solemnized outside the Philippines has legal repercussions here."

Let's hope the previous husband won't file criminal case against her.

[walls1010 3]

"joms" information seems to be the most accurate... so walls1010, curious lang ako sa batas natin, you had your first marriage in the philippines, tapos you got married to a non-filipino a 2nd time in hongkong, which you did not report to the NSO. na-annul ba yung first marriage mo dun sa pinoy bago ka humingi ng divorce decree?

(ang pinsan ko kasi in the same situation so hindi pa sya makapag decide kung ano ang gagawin)

Just a simple analysis, no offense meant to walls1010:

If walls1010 previous husband is a filipino and they got married in the philippines then her 1st marriage is still valid. In case her previous husband get hold of her present marriage certificate (2nd marriage), he could file a case of bigamy to her since she is still legally married to her husband in the phillipines. Though a divorce had been filed in hongkong, it is not recognized in our country.

Technically, she is committing bigamy under the philippines law.

I'm no lawyer and i could be wrong...

No, the filipino husband can't file a bigamy case against her because she got married to the USC here in the US. Criminal cases are territorial, if the act is not committed in the Philippines, our criminal courts have no jurisdiction over it.

I would disagree in this one... "Philippine laws on marriage govern a Filipino wherever he/she is in the world. In other words, any marriage solemnized outside the Philippines has legal repercussions here."

Let's hope the previous husband won't file criminal case against her.

Rheanick, Jom is a lawyer and if you read my previous post you'll find out that i did not report my 2nd marriage to the Phils. Consulate.... and my ex was sued by one of his woman of bigamy coz' he married her in the Philippines. And to let you know, my ex and i are good friends for the sake of our only child who's now had her own family back in the Philippines. It was my ex who told me to find and start a new life with someone else, he gave me his consent and signed the papers to file a petition of divorce in the court before. I talked to my ex in 1997 by filing an annullment but he refuse to do so since it's too expensive. Got all the copies of his children' birth certificate from his previous relationship up to his present live-in partner and was indicated their date of marriage (though it's fake!)....now do you think he got the nerve to sue me?

[walls1010 3]

"joms" information seems to be the most accurate... so walls1010, curious lang ako sa batas natin, you had your first marriage in the philippines, tapos you got married to a non-filipino a 2nd time in hongkong, which you did not report to the NSO. na-annul ba yung first marriage mo dun sa pinoy bago ka humingi ng divorce decree?

(ang pinsan ko kasi in the same situation so hindi pa sya makapag decide kung ano ang gagawin)

up to now ay hindi pa na-annul yung kasal ko sa pinas kaya nag-file ako ng divorce sa hongkong. as long hindi magpapakasal sa pinas ang pinsan mo ay walang magiging problema.....yung mga iba lang nagsasabing may problema like they know it all

[marklovetina 52]

hi there....id like to add on:

what m about to write here is the same thing i replied to her post regarding Cenomar..as per my own understanding, Cenomar is only given to those ladies who were never married..before or during the application of K-1..its not true that K-1 applicants are all single and were required to present Cenomar..like in the case of already annulled women before filing of K-1, may not be presenting their Cenomar because they were married before in the eyes of the Phil. law..in other words, she can put in her I-129 form "single" but with alias (her married name used) and the name of previous spouse and of course with strong evidence of her annulment such as the Court Decision and Finality and the most important proof--ANNOTATED Marriage Contract from NSO,,this are the exact requirements for the "formerly" married women...i think why she was asked for a cenomar was that maybe she put in her K-1 application as single and never married in the PI...if her marriage in the Phils was legal and registered at NSO, definitely, she cant deny that...moreover, there is no divorce in the PI..legally, after the annulment, she needs to endorse her court decision and finality to the local civil registrar so they in turn can endorse that to NSO so the latter can put remarks in her marriage contract that her previous marriage was already dissolved, thus she is free to remarry...

a Cenomar (certificate of No marriage) is for single ladies..never married before and during application of K-1..

a Cemar(certificate of marriage) however is for those K-3 applicants..

i hope m correct on this matter...this reply is still open for additional info i missed.

thanks and god bless

Hi Lane and daisy,

I am very confused now regarding CENOMAR, my lawyer told me to prepare Birth cert, NBI and Cenomar for my interview..I dont know if i can get CENOMAR since i am annulled.I have here my annotated marriage contract already. I will go to NSO office on monday ...

lyn

sis daisy pede ata un kc magiging record don eh annuled na ung marriage....

tin dear...di un cenomar kasi it is strictly for single ladies lang who were never married before or during the K-1 application..maybe its cemar ur referring to...

oo un nga sis cemar pla di cenomar hehhee.. nakita ko rin post ni jom eh.. heheheh tnx...

[marklovetina 52]

"joms" information seems to be the most accurate... so walls1010, curious lang ako sa batas natin, you had your first marriage in the philippines, tapos you got married to a non-filipino a 2nd time in hongkong, which you did not report to the NSO. na-annul ba yung first marriage mo dun sa pinoy bago ka humingi ng divorce decree?

(ang pinsan ko kasi in the same situation so hindi pa sya makapag decide kung ano ang gagawin)

up to now ay hindi pa na-annul yung kasal ko sa pinas kaya nag-file ako ng divorce sa hongkong. as long hindi magpapakasal sa pinas ang pinsan mo ay walang magiging problema.....yung mga iba lang nagsasabing may problema like they know it all

pede naman tlaga eh basta wag ka alng hahabulin kagaya ng sabi ko sayo pero oras na hinabol ka talgang pede nilang kasuhan....

[marklovetina 52]

i have a question for JOM:.. if the filipina divorced her husband outside our country then how can she get a cenomar at the nso?... coz quite confuse me about this matter.... bcoz i read a post here that the embassy is requiring her a cenomar/cemar....

[marklovetina 52]

"joms" information seems to be the most accurate... so walls1010, curious lang ako sa batas natin, you had your first marriage in the philippines, tapos you got married to a non-filipino a 2nd time in hongkong, which you did not report to the NSO. na-annul ba yung first marriage mo dun sa pinoy bago ka humingi ng divorce decree?

(ang pinsan ko kasi in the same situation so hindi pa sya makapag decide kung ano ang gagawin)

Just a simple analysis, no offense meant to walls1010:

If walls1010 previous husband is a filipino and they got married in the philippines then her 1st marriage is still valid. In case her previous husband get hold of her present marriage certificate (2nd marriage), he could file a case of bigamy to her since she is still legally married to her husband in the phillipines. Though a divorce had been filed in hongkong, it is not recognized in our country.

Technically, she is committing bigamy under the philippines law.

I'm no lawyer and i could be wrong...

No, the filipino husband can't file a bigamy case against her because she got married to the USC here in the US. Criminal cases are territorial, if the act is not committed in the Philippines, our criminal courts have no jurisdiction over it.[/color] yes the fil. husband cant file a bigamy, but u stated that the civil charges can be proceed, what this mean?

[jom 4]

To Rheanik: Bigamy is a Criminal case which is territorial and cant proceed if the act of contracting the second marriage is done outside of the Philippines. The article you quoted talks about family laws ( civil laws ) which as you correctly stated follows every filipino citizen wherever they go, the reason why a divorce decree obtained by a filipino citizen outside of the Philippines wont be recognized by our courts because divorce is not allowed in our country.

To happyme : I am a bit confused about your question regarding the CENOMAR, if you can rephrase it ill try to give you an answer. About the damages, well our laws provide for monetary compensation ( a civil case ) which the offended party in the second marriage may file against the husband because of reasons provided for by law..ex: sleepless nights, bismirch reputation etc.

To walls 1010: Its good that you have a good relationship with your ex. But please be warned.. you are still married to him in the Philippines, and if you didn't have an agreement about separation of properties during the marriage, technically, he owns half of the conjugal properties, and you also owns half so that future purchases in your name, he owns half of it, or if he purchase in his name, you own half of it. For inheritance purchases, any property you purchase now in the Philippines, in your name, your filipino husband owns half of it because you obtained it while your marriage to him still subsists.

[jom 4]

"joms" information seems to be the most accurate... so walls1010, curious lang ako sa batas natin, you had your first marriage in the philippines, tapos you got married to a non-filipino a 2nd time in hongkong, which you did not report to the NSO. na-annul ba yung first marriage mo dun sa pinoy bago ka humingi ng divorce decree?

(ang pinsan ko kasi in the same situation so hindi pa sya makapag decide kung ano ang gagawin)

up to now ay hindi pa na-annul yung kasal ko sa pinas kaya nag-file ako ng divorce sa hongkong. as long hindi magpapakasal sa pinas ang pinsan mo ay walang magiging problema.....yung mga iba lang nagsasabing may problema like they know it all

pede naman tlaga eh basta wag ka alng hahabulin kagaya ng sabi ko sayo pero oras na hinabol ka talgang pede nilang kasuhan....

Just to make things clear about walls1010's case. Hindi siya puedeng kasohan ng bigamy ng kahit sino sa Pinas kasi ang second marriage niya ay nangyari dito sa USA hindi sa Pinas. If nagpakasal siya the second time sa Pinas, yes puede siyang kasuhan but thats not her case. Kasi nga ang bigamy is a criminal case, and what makes a criminal case different from a civil case, it is territorial. Under sa batas natin, criminal acts can only be prosecuted in the Philippines if it happened there.

[sasha414 0]

i have a question for JOM:.. if the filipina divorced her husband outside our country then how can she get a cenomar at the nso?... coz quite confuse me about this matter.... bcoz i read a post here that the embassy is requiring her a cenomar/cemar....

im not sure if this will answer your question but here is my own experience. my 1st marriage was also annuled in the phils , i secured a Cermar which shows both my 1st marriage and 2nd marriage ( to my USC husband). then i also secured a certificate of marriage showing the "null and void" annotation at the side , this annotation will support my cermar proving that my 1st marriage has already been annuled. if you get a cenomar/cemar from the NSO, it will show your previous marriage and you can always bring your divorce decree to support it ( im not sure if the us embassy will honor it but you can always try).

[marklovetina 52]

TO: JOM,

question lang po kung hindi pedeng kasuhan ng bigamy ano po ung civil damages charges na pedeng magproceed?... ska kung nagdivorce po outside phil ano ang pinapakita nilang clearance sa embassy na cleared sila d2 sa pilipinas..? kc di po ba kahit naman magdivorce sa ibang bansa eh ung kasal nya d2 andon pa rin sa nso?... pano sila nakakapasa kung wlang divorce d2 sa atin...?