18 thoughts on “

  1. Good day!

    I’m a canadian immigrant, still a filipino citizen. I filed a divorce here in Canada after a year of residing to my filipino ex-spouse. My question is, “Can I file a judicial recognition of divorce judgement in the Philippines?”. If so, What steps should I do first, or what paper should I gather first?”. I’m planning to acquire a land in the Philippines and I dont want my ex-spouse to any involvement on it. Thanks in advance for the reply.

    1. Hello Emma,

      As it stands, your divorce in Canada would not be recognized in the Philippines because Philippine law covers you in personal law for as long as you are a Filipino citizen. Divorces secured by Filipino citizens abroad are not recognized under Philippine law unless the divorce was initiated by the foreign spouse.

      You would need to be a Canadian citizen when you secured the divorce for it to be recognized under Philippine law here.

      1. So that means, I cant file a judicial recognition in the Phils? There are so many Filipino here that file a divorce here to their Filipino spouse in the Phils. The canadian laws acknowledge or accept the divorce here but not in the Phils?

      2. I’m afraid not under the facts you gave.

        Philippine law asserts authority over Filipino citizens with regard to such matters as civil status.

        While Canadian law governs in Canada, as the law stands, divorce obtained anywhere by a Filipino citizen — except by a Muslim Filipino or under paragraph 2 of Article 26 of the Family Code — will not be recognized within the Philippines.

        https://lawyerphilippines.org/2016/01/08/foreign-divorce-and-a-former-filipino-citizen/

  2. Hi, I would like to ask if a foreign national that married a Filipino and then got divorced will have have said divorce in recognized in Philippine court in order to marry another Filipino?

    1. Hi Dagny. Yes, this is now typically necessary if the second marriage is to be in the Philippines because the first marriage would have been recorded in the civil registry.

      Since both the Filipino and the foreigner are usually required to submit a Certificate of No Marriage (CENOMAR) from the civil registry when they apply to the local government for a marriage license, the Philippine court order recognizing the foreign divorce is necessary before the civil registry will issue this CENOMAR.

  3. I am a filipina who is married to Canadian and am permanent resident to Canada and not have yet process my Canadian Citizenship.

    My question is can my husband can buy and own a land in Philippines?

    1. He cannot. Section 7 of Article XII of the 1987 Constitution, taken with the other provisions of that Article, restrict purchases of land to Filipino citizens and former Filipino citizens.

      Section 7. Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain.

  4. Hi,
    I was married to a divorced US Citizen year 2010 & I became a US Citizen too. We moved to Philippines 2014 for good we were both Dual & built our house in the lot he acquired before we got married so in the lot title it was stated he was single. We had no child but he had a son to his previous marriage in California. Last year my husband passed away. My problem is my son in law told me that his father left him a Will he gave me a copy that he is the successors trustee but my husband didn’t mention about it after we got married. We didn’t have a prenuptial agreement. The son told me that I am only entitled to a one fourth share of his father’s estate here when he did the research. Is that true in philippine law? Is the will still valid after the marriage? Is the will from California recognized here in philippines?

    1. Hi,

      A foreign will can be recognized in the Philippines by filing a case in Court for that purpose. This can be joined with the general estate proceedings that should also be filed in Court when someone passes away.

      However, I can’t comment on the validity of the will without seeing it or knowing its provisions in better detail.

      Under Philippine law, if there were no will, Article 996 of the Civil Code would apply:

      Art. 996. If a widow or widower and legitimate children or descendants are left, the surviving spouse has in the succession the same share as that of each of the children.

      Without a will, you would be entitled to a share equal to that of your husband’s only son.

      On the other hand, your husband’s son is probably referring to the first parts of Article 888 and Article 892:

      Article 888. The legitime of legitimate children and descendants consists of one-half of the hereditary estate of the father and of the mother.

      Article 892. If only one legitimate child or descendant of the deceased survives, the widow or widower shall be entitled to one-fourth of the hereditary estate.

      However, it’s important to note that before any of these shares can be determined, the extent of your husband’s property first needs to be established. Considering that he and you were married without a pre-nup, some of what is assumed to be his property may really already be co-owned by you.

      This is as much detail as I can answer your question given the information above. If you have further questions or more information, please send them to contact@lawyerphilippines.org

  5. Hello Sir or Madam,

    My question is regarding inheritance law and I would like to speak or connect with someone who is familiar with these cases. My grandparents own properties in the Philippines of which all land titles are under their names. Unfortunately, they had never left any will after they passed away. My grandparents had three children (my father and his two brothers). Due to more unfortunate events, all three brothers are now deceased. The only surviving relatives are grandchilden (such as myself and mt cousins) and the wives (my mother and my aunt, the third brother never married and had no children). We are left with all the land titles after my uncle (the one who never married) passed away last year. During his last breath, we were given verbal instructions as to the location of the land titles. My question is, what right do we have as grandchildren , as well as spouse (mom and aunt) to the deceased children, have with those land titles as well as how do we get the land titles switched under our names is this possible? Do we have a case under this or will the property be seized and go into government lands? I would appreciate a response or a name of someone I could contact and discuss with this further. I would also add that my mother and myself are now currently residing in Canada and are Canadian citizens and my mother never remarried (as this info would be pertinent to the matter). Thank you so much for your reply or for connecting me with someone who can help in this situation. I can be reached through the email provided below.

  6. I’m separated with my husband for more than 7 years.. he have his own life now and i living here in middle east for almost 8 yrs and now a muslim… can i file a divorce under islamic law? he is a christian and he hates muslim. i want to bring my kids in canada and i need a document that proves that he is not included in my family visa.. please advice me on what to do

  7. Hi,

    I already have the divorce decree ( with red ribbon) but the passport copy, birth certificate and divorce law (of his country) are not authenticated. Will these unauthenticated documents be accepted by the court? Btw, my foreign ex-husband filed for the divorce.

    Also, we got married in a different island (not my hometown), is it okay to file the case in my hometown?

    Please advise.

    Kaye

    1. Hi. The foreign documents should be authenticated. The rules of procedure say that the case may be filed in the Court of the province where the record is located, but there can be other considerations depending on the particular facts of the case.

  8. I’m a naturalized American citizen. I did the divorce when I’m already American citizen. Marriage took place in the Philippines 5 years ago. I want to get married again in the Philippines, am I still covered under Philippines law? Do I need to get a CENOMAR to get marriage license again? I know the requirements for non Filipino are passport and certificate of legal capacity to contact marriage from US embassy right?

    1. The marriage license is issued by the local government at the city/municipal level. I suggest you check the requirements of the city/municipality where you wish you get married to determine if a CENOMAR is required of foreign citizens for the issuance of a marriage license there.

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