Legal Question in Family Law in Philippines
I am Filipina citizen. I married in Philippines to a Filipino husband in 2002. I flew to USA in 2006 for business and have not yet returned to Philippines. While I have been away trying to earn a living for my Filipino family, my Filipino husband cheated on me and made 2 babies with another woman who he still lives with. So now we are separated (but not legally) because my Filipino husband committed ADULTERY. So, in 2009, while I'm still in USA, I otained a U.S.-recognized divorce decree from my Filipino husband (though I know Philippines doesn't recognize it since divorce is not allowed). Then, later, I married a U.S. Citizen in USA in 2011. I now have Green card status as I am married to a U.S. Citizen. I'm planning to visit Philippines soon. My question: if I visit Philiippines, when my visit to Philippines is over, and I want to leave Philippines again, will Philippine Customs prevent me from leaving Philippines due to the fact that I married a U.S. Citizen when I am still technically legally married to a Filipino husband (since there is no divorce in Philippines), even though I have been separated from my Filipino husband for many years because he commit adultery to me? Will I be in trouble with Philippines Customs because I am married to a U.S. Citizen? Will Customs automatically arrest me or prevent me from leaving Philippines just because I am still married to a Filipino husband according to my papers?
2 Answers from Attorneys
As far as Philippine law is concerned you committed bigamy by marrying during the subsistence of your first marriage.However, you cannot be prosecuted because the same was committed outside the Philippine territory.
If your husband did not file any criminal case against you there is nothing to worry.
As long as you have your green card with you, the Philippine immigration authorities cannot prevent you from leaving the Philippines. The fact that you married a US Citizen during the subsistence of your marriage to a Filipino Citizen is not the concern of Philippine immigration authorities.
Jeanie S. Pulido, ESQ.
Unit G-07 Antel Seaview Tower A,
2626 Roxas Boulevard, Pasay City,
Metro Manila, Philippines
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