October 28, 2015

Dear Ms. Angela,

This legal opinion seeks to answer your question regarding the legal options you have regarding your marriage with Mr. Brad.

As per our discussion the following are pertinent facts are established:

You were married to Brad, a foreign national on 23 May 2008 at the Manila City Hall before the Mayor of Manila. After said marriage, he went to the United States to prepare the necessary documents to have you acquire US citizenship. He promised you that he will go back to Manila where you two will live together. You were able to maintain contact with him for about two months, but subsequently lost touch with him for two years already.

One of the possible legal options you have is to check for the validity of the marriage under Art. 35 of the Family Code. Should you wish to remarry, check first if either of you lack the legal capacity to marry each other (e.g. must be at least 18 years of age, no prior and subsisting marriage); or if you have validly obtained a marriage license prior to your marriage; or if he faked his identity; or if the marriage id void under Art. 53 of the same Code. Meeting any of these requirements would make the marriage void ab intio or null and void from the beginning. It’s as if the marriage between the two of you never existed.

Another option would be to check if Mr. Brad had your marriage divorced abroad under Art. 26 (2) of the Family Code; if he has, you can have the divorce decree judicially recognized in the Philippines. Such recognition also entitles you to remarry, should you wish to do so.

If you do not meet the requirements to have the marriage declared void, or if a divorce has not been obtained yet, you can file for legal separation on the ground of abandonment without justifiable cause under Art. 55 of the same Code. This option would not capacitate you for remarriage, but will legally separate your properties that have entered the absolute community property, assuming you did not sign a prenuptial agreement before you were married.

You can also have the marriage annulled under Art. 45 of the Family Code. This option, however, does not entitle you to remarry as well.

Last option would be to have the marriage declared void ab initio on the ground of psychological incapacity under Art. 36 of the Family Code.

We hope to have enlightened you on the matter.

Very truly yours,

Atty. Marlene-Ruth C. TongsonAssociate, Magtanggol & Magtanggol Law Firm