Michael (not his real name), a former Filipino who became a naturalized citizen in the United States, wanted his marriage to his Filipino wife annulled. He has been away from his wife for over fifteen years and has found a new love in New York. So he contacted a Manila lawyer who offered him a “no-show, no-worry annulment.”
The lawyer explained that all he had to do was narrate his marital history, sign the petition and pay a considerable sum in attorney’s fees. The lawyer said he did not need to come to the Philippines to attend the court hearings. Michael is an IT professional and cannot be expected to know the essential details of the annulment process in the Philippines. Furthermore, he was sure that the lawyer was giving him the correct advice. So he paid the fee and signed the petition according to the instructions. Three months later, she received a brief decision that her marriage had been annulled.
Ecstatic, he immediately applied for a fiancé visa (K1 petition) for his Filipino girlfriend. Part of the requirement for which Michael is to present his Certificate of Bachelor / Certificate of Non-Marriage (also known as CENOMAR) to the United States Embassy, along with a Certificate of Purpose from the court that granted the annulment decision. To his surprise, the United States Embassy denied his request for fraud. The US Embassy found that the annulment decision was a false decision.
Michael was indefinitely prohibited from submitting any type of US visa application. Furthermore, his status as a naturalized citizen was questioned due to the “fraud” he allegedly committed.
US VISA REQUEST DENIED
Q: What can Michael do to reverse the decision of the United States Embassy to deny his K1 visa application?
A: Michael needs to go back to the Philippine court that issued the annulment decision to verify whether that court issued the decision validly. If you did, then you can request a certification from the court and then ask the U.S. Embassy to reconsider. If not, then you have a bigger problem.
Most likely, Michael will find out that the court did not issue the annulment decision. The United States Embassy found it to be a false decision simply by checking with the court if the case number indicated on the Certificate of Finality was an annulment case, and if it was for Michael’s annulment.
CANCELLATION DUE TO NO APPEARANCE
Q: Can a foreigner file a petition for annulment of marriage in the Philippines without going to court? In other words, is there really a no-show annulment?
A: There is no no-show annulment. In at least two stages of the judicial proceedings, the petitioner will be required to appear in person, during the pre-trial phase and during the offering of the petitioner’s oral testimony. Additionally, in uncontested petitions, the court will require the parties to appear in person before the prosecutor during the collusion hearing.
Unfortunately, many attorneys, in collusion with members of the court staff, make a lot of money by offering this so-called “no-show annulment.” What they do is issue unauthorized judicial decisions that grant nullity. They even have these decisions registered with the NSO, so that, ultimately, Michael can get a CENOMAR and remarry.
In other cases, the lawyer will present a mannequin to take the witness stand posing as the petitioner, obviously to satisfy the strict requirement that the petitioner must “appear in person” in court.
One thing is for sure, if you filed the petition and were not required to appear in court, then that is a false decision, a false annulment.
Q: Can Michael just resubmit the annulment?
A: Technically, no annulment cases have been filed yet, so yes, Michael can resubmit the annulment. I must say, however, that you have put yourself in a very difficult position by accepting a false annulment decision. You can argue that you simply trusted your attorney to take care of everything, but again, ignorance of the law does not excuse anyone.
Q: What could have been done better?
A: Well, to begin with, you could have inquired in detail about the annulment procedure with your hired attorney. The lawyer-client relationship is one of trust and security, so if you have not really met your lawyer, you should be doubly cautious.
Once you’ve hired the attorney, be sure to receive updates and read all the written pleadings for your case before presenting them to court. Remember that your attorney is your representative. As a general rule, the client is bound by the acts of his lawyer.
Alternatively, you could have filed for divorce in the United States, rather than a petition for a declaration of nullity in the Philippines. As we all know, the process is faster and the only rationale that must be demonstrated is “irreconcilable differences. Michael can do this because he has become a naturalized US citizen.”
RECOGNITION OF FOREIGN DIVORCE
Q: If Michael obtains a divorce decree in the US, does he need to file a petition for recognition of foreign divorce in the Philippines?
A: As a general rule, Philippine law does not recognize divorces obtained abroad. After Michael gets divorced, he is still married as far as Filipino law is concerned.
Q: After the divorce, what can Michael do to get the Philippines to acknowledge the divorce? In other words, can a foreigner file a petition for recognition of foreign divorce?
A: Michael can file a petition for recognition of foreign judgment. Although this is actually a case of recognition of divorce abroad, it is wrong to claim that it is a petition under article 26 of the Philippine Family Code. Article 26 applies only if the petitioner is Filipino. Article 26 allows the Filipino spouse to revert to single status after a divorce obtained abroad has enabled the foreign spouse to remarry.
If the petitioner is a foreigner, he may request recognition of his divorce provided that he can prove that the divorce was granted in accordance with his national law.
