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Abolishment of non-appearances in the Philippines

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Michael (not his real name) is a Filipino born to a former U.S. citizen who wants to cancel his marriage with his Filipino wife. He has left his wife for fifteen years and found new love in New York. So he contacted a lawyer in Manila, who provided a "free-for-all appearance abolition."

The lawyer explained that what he needs to do is to describe his history of marriage, sign the petition and pay a large fee as attorney's fees. The lawyer said he does not have to go to the Philippines to attend the court hearing. Michael is an IT professional and can't expect to know the details of the Philippines' abolition process. In addition, he believes that the lawyer gave him correct advice. So he paid the fee and signed the petition in accordance with the instructions. Three months later, he received a court ruling and his marriage was cancelled.

Being ecstatic, he immediately applied for a fiancee visa (K1 petition) for his Filipino girlfriend. Michael submitted to the U.S. Embassy some of his requirements for a single certificate/non-marital certificate (also known as CENOMAR) and a court final award certificate for the award decision. To his astonishment, the U.S. Embassy rejected his petition on the grounds of fraud. The U.S. Embassy found that the decision to withdraw was a false one.

Michael is prohibited from submitting any type of U.S. visa application indefinitely. In addition, due to what he called “fraud”, his status as a naturalized citizen was questioned.

Refused US visa application

Q: What can Michael do to reverse the decision of the U.S. Embassy to reject his K1 visa application?

A: Michael needs to return to the Philippine court to make a revocation decision to verify whether the court issued the decision effectively. If so, he can apply to the court for certification, and then ask the U.S. Embassy to reconsider. If not, then it has a bigger problem.

More likely, Michael will find that the court did not issue a revocation decision. The U.S. Embassy found out that this was a false decision and it was only necessary to verify with the court if the case number indicated in the "Certification of End" was a case of revocation and if this was Michael's revocation.


Q: Can a foreigner apply in court to cancel a marriage without appearing in court? In other words, is there really an abolition that does not appear?

A: There is no such thing and it is not abolished as appearance. At least during the two stages of the court proceedings, the petitioner will be required to appear personally during the pre-trial and during the presentation of the testimony of the petitioner. In addition, in the unconstitutional petition, the court will require both parties to appear in court during the collusion hearing.

Unfortunately, many lawyers provided this so-called "non-conforming legal permission" with the connivance of the court staff. What they did was issue an unauthorized court decision to make it invalid. They recorded these decisions in the National Bureau of Statistics as much as possible, so Michael could get a CENOMAR and marry again.

In other cases, the lawyers will present a false witness showing the impersonator’s witness booth, apparently satisfying the petitioner’s strict requirement to “court in person”.

One thing is certain. If you submit a petition and you are not required to appear in court, then this is a false decision – a false revocation.

Q: Can Michael simply resubmit the revocation application?

A: Technically speaking, the case has not been submitted for revocation, so yes, Michael can resubmit it for revocation. However, I must say that he has put himself in a very difficult position by agreeing to cancel false rulings. He can argue that he trusts his lawyer here to handle everything, but once again, the ignorance of the law makes it impossible for anyone to understand.

Question: Can he do better?

A: For beginners, he can ask in detail about the revocation procedure of the lawyer he hired. The relationship between lawyers and clients is one of trust and confidence, so if you do not really meet your lawyer, you should be more cautious.

Once you have hired a lawyer, be sure to get an update and read every request for your case before submitting it to the courtroom. Remember that your lawyer is your representative. Often, clients are bound by the behavior of their lawyers.

Or, he can apply for a divorce in the United States instead of applying for invalidity in the Philippines. As we all know, this process is more rapid and the only reason to prove is "irreconcilable differences."

Recognition of foreigners

Q: If Michael gets a divorce judgment in the United States, does he need to submit a Philippine request for recognition of foreign arbitration?

Answer: Filipino law does not usually recognize divorce obtained abroad. After Michael divorced, as far as Philippine law is concerned, he is still married

Q: After the divorce, what can Michael do to allow the Philippines to recognize divorce? In other words, can foreigners submit a petition to recognize foreign disputes?

A: Michael can make a petition admitting a foreign judgment. Although this is indeed a case of recognition of foreign disputes, the application under section 26 of the "Philippine Family Code" is wrong, section 26 only applies to the case where the applicant is a Filipino, and section 26 allows Filipino Io The divorce obtained by a spouse abroad enables a spouse of a foreign spouse to resume his single status after remarriage.

If the petitioner is a foreigner, as long as he can prove that the divorce was approved under his domestic law, he can apply for recognition of his divorce.

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