Is this a Bigamous Marriage?

[TinTin and Samby 11]

Simply put:

If a Philippine citizen is married to a foreigner and the foreigner filed for divorce, the Philippines will acknowledge that the foreigner is divorced, not the Philippine citizen. It is for the sake of the convenience of the foreigner BUT the Philippines will still consider the Philippine citizen not divorce because: there is no divorce in Philippine law, only annulment but the marriage wasn't annulled in Philippine courts.

http://showbizandstyle.inquirer.net/entertainment/entertainment/view/20110224-322011/Amy-Perez-hopes-ex-hubby-files-for-divorce

Sorry, but you need to check your facts better. The above statement is not true.

In the scenario where a non filipino spouse initiates (files) for a divorce from a filipino spouse in a court of competent jurisdiction, The Philiipines DOES recognize this divorce for the Filipino Citizen and will recapacitate him/her to remarry. This is one of a few well documented exceptions to the general principle of "No Divorce in the Philippines". If both of the spouses are filipino, or if the filipino spouse is the one who initiates the divorce procedings, then this exception would NOT apply and the Philiipines will not recognize the divorce. In this case, the Filipino does not regain his/her capacity to remarry.

Warm Regards,

Samby

[reginakrys 33]

You mean under Philippine law, right? Because under U.S. law, she is legally divorced from the first husband.

I fully understand she is not divorced under Philippine law, I'm asking you if that is what you mean also?

From what I understand, Filipino citizens cannot get a divorce legally anywhere in the world because they are subject to Philippine laws. If they have somehow gotten a divorce decree WHILE THEY ARE BOTH PHILIPPINE CITIZENS, it is not and will never be considered valid.

Filipinos are covered by the prohibition against divorce, regardless of wherever they get married (and regardless where they get a decree of divorce). This is based on the “nationality principle” which basically provides that Philippine laws affecting their status follow them wherever they may be.

[VanessaTony 3,567]

From what I understand, Filipino citizens cannot get a divorce legally anywhere in the world because they are subject to Philippine laws. If they have somehow gotten a divorce decree WHILE THEY ARE BOTH PHILIPPINE CITIZENS, it is not and will never be considered valid.

in the Philippines this is true but not in the US. In the US she is legally divorced. It would be like saying the US rules matter in the Philippines. They don't. In the US the rules of the US are followed, not another country.

[Leatherneck 693]

From what I understand, Filipino citizens cannot get a divorce legally anywhere in the world because they are subject to Philippine laws. If they have somehow gotten a divorce decree WHILE THEY ARE BOTH PHILIPPINE CITIZENS, it is not and will never be considered valid.

Philippine citizens are subject to Philippine laws when in the Philippines. Yes I fully understand a divorce between two citizens of the Philippines will not be recognized in the Philippines, but here in the USA, they can get a divorce and it will be as legal as any other legal divorce in the USA.

For example, abortion is illegal in the Philippines and no woman in the Philippines can get that procedure. However, any Filipina can get on a plane and travel to the USA and get an abortion here... illegal there, very legal here.

[Girl from Celebes 588]

Lex specialis derogat legi generali. The doctrine states that a law governing a specific subject matter (lex specialis) overrides a law which only governs general matters (lex generalis). is a doctrine relating to the interpretation of laws, and can apply in both domestic and international law contexts. By means, on this case, Philippines has spesific law about the marriage and no law can overrides it even US Law whatsoever.

Marriage law is about jurisdiction too. Where the married is granted, another jurisdiction can't overruled it. Example, A married to B in C Place. The marriage granted on the law jurisdiction of C. Another place like D, E, F, can't granted a divorce if they choose to dissolved the marriage. By it means, if the marriage granted in Phillippines, the only way to dissolved or annuled the marriage is the place where the marriage was granted at first.

Another example. Indonesian woman married to Indonesian man. If they are living in US for many years and when they wanted a divorce, US jurisdiction law cannot granted it. Because the marriage was never happened in US law jurisdiction. It is in Indonesia. They have to go back to Indonesia to divorce at first by local law where they signed the papers of marriage. I might not give you more details and deeply insight though I was graduated from law school but never use my background education. So, practically I am not the lawyer. I chose to be a journalist instead.

[Girl from Celebes 588]

Philippine citizens are subject to Philippine laws when in the Philippines. Yes I fully understand a divorce between two citizens of the Philippines will not be recognized in the Philippines, but here in the USA, they can get a divorce and it will be as legal as any other legal divorce in the USA.

For example, abortion is illegal in the Philippines and no woman in the Philippines can get that procedure. However, any Filipina can get on a plane and travel to the USA and get an abortion here... illegal there, very legal here.

It is true. But, if they did crime in their country and then runaway to another country, they are still subject of the law where they did a crime. We called it locus delicti. Read about Julian Assange and what happened to his last appeal. You might be surprised that he will sent back to the country where he get accused for a crime. By means, if the marriage granted first in Philippines, they have to dissolved it by use law of marriage on this country.

You give very absurd example about an abortion relate to this case. Do they five a paper when they have abortion in US? Do they need to show the paper of abortion when they wanted to file for job? marriage? anything? I guarantee, when people wanted to marriage, they need to show divorce or annulment decree. I never heard, they asked for an abortion paper.

[Girl from Celebes 588]

It is true. But, if they did crime in their country and then runaway to another country, they are still subject of the law where they did a crime. We called it locus delicti. Read about Julian Assange and what happened to his last appeal. You might be surprised that he will sent back to the country where he get accused for a crime. By means, if the marriage granted first in Philippines, they have to dissolved it by use law of marriage on this country.

You give very absurd example about an abortion relate to this case. Do they five a paper when they have abortion in US? Do they need to show the paper of abortion when they wanted to file for job? marriage? anything? I guarantee, when people wanted to marriage, they need to show divorce or annulment decree. I never heard, they asked for an abortion paper.

Sorry I mean give * I hate when cannot re-fixed it*

[ECS 3]

Lex specialis derogat legi generali. The doctrine states that a law governing a specific subject matter (lex specialis) overrides a law which only governs general matters (lex generalis). is a doctrine relating to the interpretation of laws, and can apply in both domestic and international law contexts. By means, on this case, Philippines has spesific law about the marriage and no law can overrides it even US Law whatsoever.

Marriage law is about jurisdiction too. Where the married is granted, another jurisdiction can't overruled it. Example, A married to B in C Place. The marriage granted on the law jurisdiction of C. Another place like D, E, F, can't granted a divorce if they choose to dissolved the marriage. By it means, if the marriage granted in Phillippines, the only way to dissolved or annuled the marriage is the place where the marriage was granted at first.

Another example. Indonesian woman married to Indonesian man. If they are living in US for many years and when they wanted a divorce, US jurisdiction law cannot granted it. Because the marriage was never happened in US law jurisdiction. It is in Indonesia. They have to go back to Indonesia to divorce at first by local law where they signed the papers of marriage. I might not give you more details and deeply insight though I was graduated from law school but never use my background education. So, practically I am not the lawyer. I chose to be a journalist instead.

Very interesting. Thank you. But unfortunately, I think her divorces are valid in the US and she was free to marry me. For all these years of her scamming me, I cannot do anything to keep her from taking half of my assets.

and at the same time.

[Leatherneck 693]

Lex specialis derogat legi generali. The doctrine states that a law governing a specific subject matter (lex specialis) overrides a law which only governs general matters (lex generalis). is a doctrine relating to the interpretation of laws, and can apply in both domestic and international law contexts. By means, on this case, Philippines has spesific law about the marriage and no law can overrides it even US Law whatsoever.

Marriage law is about jurisdiction too. Where the married is granted, another jurisdiction can't overruled it. Example, A married to B in C Place. The marriage granted on the law jurisdiction of C. Another place like D, E, F, can't granted a divorce if they choose to dissolved the marriage. By it means, if the marriage granted in Phillippines, the only way to dissolved or annuled the marriage is the place where the marriage was granted at first.

Another example. Indonesian woman married to Indonesian man. If they are living in US for many years and when they wanted a divorce, US jurisdiction law cannot granted it. Because the marriage was never happened in US law jurisdiction. It is in Indonesia. They have to go back to Indonesia to divorce at first by local law where they signed the papers of marriage. I might not give you more details and deeply insight though I was graduated from law school but never use my background education. So, practically I am not the lawyer. I chose to be a journalist instead.

That is true in some circumstances, but with regards to family law in the USA, not true. The woman has not one but two legal divorces granted by judges sitting on the bench in a family court of law in the U.S.

If an Indonesian man and woman wanted a divorce in California, as long as they meet the state and county residency requirements in the county where the dissolution petition is filed... that divorce will be granted.

That divorce might not be legal in Indonesia, but it will be legal in the U.S. Two rocks can get a divorce in California.

[Leatherneck 693]

It is true. But, if they did crime in their country and then runaway to another country, they are still subject of the law where they did a crime. We called it locus delicti. Read about Julian Assange and what happened to his last appeal. You might be surprised that he will sent back to the country where he get accused for a crime. By means, if the marriage granted first in Philippines, they have to dissolved it by use law of marriage on this country.

You give very absurd example about an abortion relate to this case. Do they five a paper when they have abortion in US? Do they need to show the paper of abortion when they wanted to file for job? marriage? anything? I guarantee, when people wanted to marriage, they need to show divorce or annulment decree. I never heard, they asked for an abortion paper.

It is not an absurd example, you did not understand the example, therfore, you simply missed the point. Which was, what is illegal in the Philppines for a filipina is perfectly legal in the USA for the same Filipina.

Filing papers and showing papers was not the central point I was making. It was simply about what a Filpina can not do in her country can be done in the USA, even if she is still a citizen of the Philippines.

[Girl from Celebes 588]

Very interesting. Thank you. But unfortunately, I think her divorces are valid in the US and she was free to marry me. For all these years of her scamming me, I cannot do anything to keep her from taking half of my assets.

and at the same time.

Don't worry, I would ask some expert about your case. I know it will long way home, but no matter how long it is, we cannot let this scammer wins over the case. It is a setback

That is true in some circumstances, but with regards to family law in the USA, not true. The woman has not one but two legal divorces granted by judges sitting on the bench in a family court of law in the U.S.

If an Indonesian man and woman wanted a divorce in California, as long as they meet the state and county residency requirements in the county where the dissolution petition is filed... that divorce will be granted.

That divorce might not be legal in Indonesia, but it will be legal in the U.S. Two rocks can get a divorce in California.

Thank you for brought me up this matter. I will learn about the Family law in US.

[Leatherneck 693]

It is true. But, if they did crime in their country and then runaway to another country, they are still subject of the law where they did a crime. We called it locus delicti. Read about Julian Assange and what happened to his last appeal. You might be surprised that he will sent back to the country where he get accused for a crime. By means, if the marriage granted first in Philippines, they have to dissolved it by use law of marriage on this country.

You give very absurd example about an abortion relate to this case. Do they five a paper when they have abortion in US? Do they need to show the paper of abortion when they wanted to file for job? marriage? anything? I guarantee, when people wanted to marriage, they need to show divorce or annulment decree. I never heard, they asked for an abortion paper.

Not true, I have said it and I will say it again. Citizenship, nationality or national origin is not taken into consideration when one seeks a divorce in the USA. She islegally divorced in the eyes of the court and the state that granted her the divorce. As evidenced by having the divorce decree, not one but two divorce decrees.

Again, I understand the divorce is NOT legal or recognized in the Philippines, but it is both legal and recognized in the USA.

It really is not that hard to understand!

[Leatherneck 693]

Don't worry, I would ask some expert about your case. I know it will long way home, but no matter how long it is, we cannot let this scammer wins over the case. It is a setback

Thank you for brought me up this matter. I will learn about the Family law in US.

Welcome!

Family law in the USA is different in all 50 states, but some basic things they all share in common.

[Leatherneck 693]

From what I understand, Filipino citizens cannot get a divorce legally anywhere in the world because they are subject to Philippine laws. If they have somehow gotten a divorce decree WHILE THEY ARE BOTH PHILIPPINE CITIZENS, it is not and will never be considered valid.

I hope this will help you better understand that a Filipino can get a legal divorce in the USA, however, it is not recognized in the Philippines.

Read what the Philippine consulate in Los angeles has to say about divorce.

Click Here then scroll down to #9 and read the question and answer.

[Girl from Celebes 588]

It is not an absurd example, you did not understand the example, therfore, you simply missed the point. Which was, what is illegal in the Philppines for a filipina is perfectly legal in the USA for the same Filipina.

Filing papers and showing papers was not the central point I was making. It was simply about what a Filpina can not do in her country can be done in the USA, even if she is still a citizen of the Philippines.

I know some can be illegal in country and another can be legal in another country. I do understand that very well. I know, the only state, my guess, that allow prostitution is Nevada. Is it correct? Another states in US have law that not allow prostitution. My point is, if you bring an abortion for this case, I can't see why it is relate. If people can use what illegal and legal such these things,there are many contradiction to each others by then. As far as I know, Indonesia not accepted mixed religion marriage. It has never been happened otherwise the govt reform marriage law. But USA jurisdiction law accepted it. That's what legal and illegal by example. Or, you can living together in US without a marriage is legal (as far as I know) but in Indonesia is illegal and subject to be a crime. There many things about this we can brought up about what a legal and illegal from different countries. Billions example.

My point to talk about papers and showing paper is that if we are talking about complicated case like this , we are talking about legal papers to put as a proof. This case is not simply saying oh okay it is legal or illegal and just moved on and forget about it. We need legal papers to proved it. If it is involved people break the rules, it is not just saying whether it is legal or illegal to do that.

Some people avoid what illegal in their country can be legal to another country, which I've seen them in person. What I spesifically saying about this case, THAT she was lying at very first place, and all the process (involved the legal papers that obtained with a full of lies) that she's been through is illegal whether the marriage, the divorce, living in USA etc. etc. When you caught lying about legal papers, you are really in BIG trouble and no one will say that it is illegal but oh okay I can forget it.

Edited November 10, 2011 by Girl from Celebes