Philippines - Presumptive death update

[kirk and Jenny 0]

In the logic of the United States Government, that seems to contemplate whether or not 23 or 24 angels can dance on the head of a needle, Jenny’s husband’s presumptive death was turned down by the embassy because they have some record of his travel in the last 5 years. Clearly there is something political going on. Just want those to be pre-warned so you don’t waste 2 years and money like us, is that annulment is the route to go even if the spouse has disappeared for years. For those living in Davao, Jenny has found what seems to be a very good attorney there. If you have any questions feel free to P.M. me.

I am in the process of liquidating assets and moving to the Philippines so I can deal with a more functional government.

[rebeccajo 14]

I don't mean to be rude, but why would anybody think that just because a spouse (ex spouse, boyfriend, whatever) disappears for a few years, that they are presumed dead?

[sunandmoon 450]

I don't mean to be rude, but why would anybody think that just because a spouse (ex spouse, boyfriend, whatever) disappears for a few years, that they are presumed dead?

It's part of the Family Code of the Philippines. Divorce is not legal in the Philippines. the options are annulment or presumptive death. apparently, many have chosen persumptive death since it is an easier process than annulment. The Embassy in Manila seems to looking at it with suspicion now.

[rebeccajo 14]

I would think the bar for proving 'presumptive death' would have to be fairly high.

[sunandmoon 450]

This is an article about presumptive death in the Philippines.

http://jlp-law.com/blog/presumptive-death-...quent-marriage/

[rebeccajo 14]

Thanks for the link. From reading it seems that 'presumptive death' rulings are at best a 'let the buyer beware' sort of thing.

The article didn't explain what evidence would have to be presented for the court to grant such a ruling. But that's almost moot if the 'dead' person showing up voids the whole thing anyway.

[MayaLar 0]

Hi everyone!

I would just like to inquire since there is no divorce here in the Philippines I am anxious that presumptive death for my ex-husband will be eligible for termination of previous marriage????This was advised by my lawyer and the case was granted March 2007. I was married with my ex-husband 10years ago and have not heard from him since then. I got all the original documents including court decision, copy from civil registrar and copy of marriage certificate with National Statistics Office authentication of termination of previous marriage. All these documents are submitted on our fiance visa application. Would appreciate all your views and reply regarding my posts. Thank you in advance!

[Mysticjoyce 0]

Hi everyone!

I would just like to inquire since there is no divorce here in the Philippines I am anxious that presumptive death for my ex-husband will be eligible for termination of previous marriage????This was advised by my lawyer and the case was granted March 2007. I was married with my ex-husband 10years ago and have not heard from him since then. I got all the original documents including court decision, copy from civil registrar and copy of marriage certificate with National Statistics Office authentication of termination of previous marriage. All these documents are submitted on our fiance visa application. Would appreciate all your views and reply regarding my posts. Thank you in advance!

Hi, what was your RFE about? I have the same case as yours maybe i can help. you can send me message to my profile.

[Marzy 1]