Tag Archive: PSA Marriage Certificate


08 - 17

Our family will be traveling to Japan later this year and we are currently in the process of completing all our documentary requirements for our visa application.  I was tasked to take care of everyone’s copies of PSA birth and marriage certificates, and make sure these are ready for submission by the end of the month.

Back in the ‘90s, this would have been a herculean task – traveling all the way to an NSO branch (PSA used to be called NSO), lining up for my turn, and waiting until they are able to release my requested documents.  With the 15 names and 4 marriages in my list that needed PSA certificates, it would have taken me the whole day to get the errand done.  I would have had to take a leave from work and spend extra on gas, parking, and food.

Good thing I can do all these online now, through PSAHelpline.ph.  The moment I got my assignment from my Tita during our Sunday family lunch, I immediately borrowed by cousin’s laptop and began submitting my orders online.  The process is really easy and simple:

  1. Log on to www.psahelpline.ph and click on the type of certificate you need (in my case, 15 birth certificates and 4 marriage certificates).  Take note that you will be placing one order for each person’s certificate (I had to be patient, but only for 30 minutes, not an entire day!).
  2. Choose the reason for ordering the certificate.  I chose the first one: Passport/Travel; I also had to select the country we were traveling to.
  3. You will be taken to a page where you’ll have to type the certificate owner’s information.  If you are applying for a different person (other than yourself), it’s best to have their complete information handy so you don’t waste your time going back and forth, asking for their personal details.  This is why I endeavored to finish the task while the entire family was literally, “under the same roof”.
  4. After submitting all your information, you will be asked if you had any procedure done on your certificate such as: Correction of Entries, Legitimation, Adoption, Court Hearings, and Supplemental.  If you’ve never had any, just click on “None”.
  5. The next page will ask who is requesting for the document.  Anybody can request for a person’s birth certificate PROVIDED he is of legal age and has a valid ID that matches the name on the application form.  The ID will be presented to the courier upon delivery.  On the same page, you will also be asked for authorized representatives who can receive the documents on your behalf in case you are not around when the courier arrives.  Again, these representatives must have valid IDs that they can present upon documents’ delivery.  As the requesting party, you must also provide the representatives with a Letter of Authorization and one of your valid IDs.
  6. On the Checkout page, you have a chance to double check all the information you provided.  Before submitting your request, you will be asked to provide your contact information, the complete delivery address, and the number of copies you need delivered.  One copy costs P350, this already includes processing and delivery.
  7. Upon hitting the “Submit” button, you will be taken to the confirmation page.  You will then receive an email from PSAHelpline with your order number and the different modes of payments.
  8. Pay and wait for your orders to be delivered.

And now, the easier part: paying for my orders!  I was delighted to see that PSAHelpline now has various payment center partners that we could choose from.  Normally, I would simply whip out my credit card and pay online but since the transactions involved a lot of other people, I opted not to offer my card (hehe!).

Visit my blog again tomorrow for details on the different payment options of PSAHelpline.  Meantime, let me go online to shop for preloved winter clothes to prepare for our Japan trip!

Arigatou gozaimasu!

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07 - 31

Like your savings deposits in your bank, you also have the option to withdraw your contributions from the Home Development Mutual Fund (HDMF) or Pag-IBIG.  Each member has the right to refund their total accumulated savings or TAV, which includes their monthly savings, employer share, and total annual dividend earnings.

There are, however, certain criteria that a Pag-IBIG member needs to satisfy before he is deemed eligible to withdraw his contributions.

Find out how a member can qualify for Pag-IBIG fund withdrawal and the requirements when requesting for a refund.  Read on!

What are the criteria for membership termination and refunding of Pag-IBIG contributions?

A. Membership Maturity

  • Member must have at least 240 monthly membership contribution.
  • Pag-IBIG Overseas Program (POP) members should have accumulated 4, 10, 15, or 20 years contributions depending on the option chosen upon membership registration.

B. Retirement

  • Member must be at least 65 years old – the mandatory retiring age.
  • Optional retirement may be availed due to the following circumstances:
    • Actual retirement from the SSS, the GSIS, or a separate employer provident/ retirement plan, provided the member has at least reached age 45.

C. Permanent Total Disability or Insanity

  • Temporary total disability lasting continuously for more than 120 days;
  • Complete loss of sight of both eyes;
  • Loss of two limbs at or over the ankle or wrist;
  • Permanent complete paralysis of two limbs;
  • Brain injury resulting in incurable imbecility or insanity; and
  • Such other cases which are adjudged to be total and permanent disability by a duly licensed physician and approved by the Board of Trustees.

D. Termination from service by reason of health.

E. Permanent departure from the country.

F. Death

The benefits will be divided among the member’s legal heirs in accordance with the New Civil Code as amended by the New Family Code.

Requirements when claiming your Pag-IBIG Fund Refund

  1. Application for Provident Benefits Claim
  2. Pag-IBIG Transaction Card and one (1) valid ID card with photo and signature of claimant.
    • If the Pag-IBIG Transaction Card is not available, two (2) valid ID cards with photo and signature of claimant.
  3. Service Records (for government employees only).
  4. Statement of Service (for AFP)

Additional Requirements depending on reason for claim:

Death

  1. PSA Certified True Copy of Member’s Death Certificate 
  2. Notarized Proof of Surviving Legal Heirs
  3. PSA Certified True Copy of Birth Certificate of all children or Baptismal / Confirmation Certificate (if with children).
  4. Notarized Affidavit of Guardianship (if with children below 18 years old, or if child/children is/are physically or mentally incompetent).
  5. To establish kinship with the deceased member, the claimant shall submit any one of the following:
    • PSA Certified Tru Copy of Member’s/Claimant’s Birth Certificate
    • PSA Certified True Copy of Non-availability of Birth Record and Notarized Joint Affidavit of Two (2) Disinterested Persons.
    • Certified True Copy of Member’s / Claimant’s Baptismal / Confirmation Certificate.
    • If member is single, Certificate of No Marriage (CENOMAR).
    • If member is married, PSA Certified True Copy of Member’s Marriage Contract and Advisory on Marriage.

Retirement

  1. PSA Certified True Copy of Birth Certificate
  2. PSA Certified True Copy of Non-availability of Birth Record and Notarized Joint Affidavit of Two Disinterested Persons.
  3. Notarized Certificate of Early Retirement (for private employees only, at least 45 years old).
  4. GSIS Retirement Voucher (for government employees).
  5. Order of Retirement (for AFP).

Permanent Total Disability or Insanity / Termination from the Service by Reason of Health

Physician’s Certificate / Statement (with clinical or medical abstract).

Permanent Departure from the Country

  1. Photocopy of Passport with Immigrant Visa / Residence Visa / Settlement Visa or its equivalent.
  2. Notarized Sworn Declaration of Intention to Depart from the Philippines Permanently (no need to submit if already based abroad).

Procedure on how to claim refund:

  1. Visit the nearest Pag-IBIG Fund office in your area.
  2. Present your ID to a Pag-IBIG staff and inquire about fund withdrawal.
  3. Your Pag-IBIG account will be verified for any applied or outstanding housing loan or short-term loan.
  4. You will be advised to secure your application for Provident Benefits Claim after verification.
  5. Submit your application form and get your claim stub with the date when refund check is ready for pick-up.

You may request for your TAV print out by visiting the nearest Pag-IBIG office or by sending them an email at contactus@pagibigfund.gov.ph.

Source: www.pagibigfund.gov.ph

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07 - 27

Matagal na akong hindi nakapag hulog sa aking SSS / Philhealth account; ngayon, may sakit ako at maco-confine.  Pwede ko bang habulin ang mga nalibanan kong buwan para makapag claim pa din ako ng benefits?

This is a common question we receive from followers.  Apparently, a lot of Filipinos think that paying their monthly contributions for government-mandated insurances is optional.

It isn’t.  We all need to activate our SSS and Philhealth memberships and diligently remit our monthly contributions to ensure that we are protected and covered by benefits.

We summarized SSS and Philhealth’s requirements and needed premium payments before a member can claim his benefits from these government agencies.  We aim to encourage everyone to update and maintain their monthly contributions to ensure hassle-free benefits claim anytime emergency strikes.

Read on.

Philhealth

  • Member must have paid at least three months’ premium contributions within the immediate six-month period prior to the first day of confinement to avail of benefits.
  • Philhealth does not accept retroactive payments for unpaid months.
  • Contributions made on admission date, during the confinement period, or after the member or dependent is discharged from the health care institution will not be counted as qualifying contributions.

What are the requirements for eligibility and when is a member eligible to claim?

Sponsored Members Date of hospitalization/availment must be within the effectivity period indicated in the member’s ID and MDR.
Individually Paying Members 1. There are certain confinement cases wherein three months worth of premium within the last sixmonths (3/6) prior to confinement is acceptable.

2. For pregnancy-related cases, dialysis, chemotherapy, radiotherapy and other selected surgical procedures, the member must have paid nine months worth of premium within the last twelve months.

Lifetime Member The member just has to show their Lifetime ID Card; no need to pay premiums anymore.  This now includes Senior Citizens; in which case, all they need to show is their SC IDs.
Employed Members Three months worth of premium within the last six months (3/6) prior to hospitalization.
Overseas Workers Date of hospitalization/availment must be within the coverage period specified in the member’s MDR.

 

SSS

A. Maternity Benefits

The maternity benefit is offered only to female SSS members.  A member is qualified to avail of this benefit if:

  1. She has paid at least three monthly contributions within the 12-month period immediately preceding the semester of her childbirth or miscarriage.
  2. She has given the required notification of her pregnancy to SSS through her employer if employed; or submitted the maternity notification directly to the SSS if separated from employment, a voluntary or self-employed member.
  3. SSS does not accept retroactive payments for unpaid months.

The maternity benefit shall be paid only for the first four (4) deliveries or miscarriages.

B. Sickness Benefits

The sickness benefit is a daily cash allowance paid for the number of days a member is unable to work due to sickness or injury.

A member is qualified to avail of this benefit if:

  1. He is unable to work due to sickness or injury and confined either in a hospital or at home for at least four days;
  2. He has paid at least three months of contributions within the 12-month period immediately before the semester of sickness or injury;
  3. He has used up all current company sick leaves with pay; and
  4. He has notified the ER, or directly the SSS, if separated from employment, VM or SE regarding his sickness or injury.

C. Retirement

The retirement benefit is a cash benefit paid either in monthly pension or as lump sum to a member who can no longer work due to old age.

A member is qualified to avail of this benefit if:

  1. Member must have paid at least 120 monthly contributions prior to the semester of retirement and is any of the following, whichever is applicable:
    • At least 60 years old and separated from employment or has ceased to be an SE/OFW/Household Helper (optional retirement);
    • At least 65 years old whether still employed/SE, working as OFW/Household Helper or not (technical retirement);
    • At least 55 years old and separated from employment or has ceased to be an SE, if an “underground mineworker” (optional retirement);
    • At least 60 years old whether still employed/SE or not, if an “underground mineworker” (technical retirement); or
    • A total disability pensioner who has recovered from disability and is at least 60 years old (or at least 55 years old, if an underground mineworker).
  2. A former retiree-pensioner whose monthly pension was suspended due to re-employment / self-employment and is now separated from employment or has ceased to be an SE.
  3. A member who is 60 years old and above, but not yet 65, with 120 contributions or more may continue paying as VM up to 65 years old to avail of the higher amount of benefit.

If you have questions regarding benefit claims from Philhealth and SSS, send us a message and we will do our best to find the answers for you.

 

Sources:

www.sss.gov.ph

www.philhealth.gov.ph

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06 - 29 (1)

A common question we receive from readers is how to remarry without going through the process of annulment or divorce.  Of course the obvious answer to this question is there is no other way for a married person to get married again unless his or her spouse dies and makes him a widow/widower.  This answer gave birth to more questions about negligence, abandonment, and presumptive death as grounds for the other party to seek solace in another person’s company.  Questions such as: I haven’t seen or heard from my husband for five years! Can I remarry now? fill our mailboxes almost every day.

Oh love, how could you be so sweet and bitter at the same time?

To help shine some light into this madness, we are sharing the following list of legal requirements for declaration of judicial presumption of death, as lifted from the Public Attorney’s Office website.  It would be safe to assume that the absence of any of these requirements would demerit your case of tagging your spouse as “deceased” and prevent you from marrying again.  If you have further questions, you may get in touch with a lawyer who can explain this to you in detail.

Read on.

“Before a judicial declaration of presumptive death can be obtained, it must be shown that the prior spouse has been absent for four consecutive years and the present spouse has a well-founded belief that the prior spouse was already dead.  Under Article 41 of the Family Code, there are four essential requisites for the declaration of presumptive death:

  1. That the absent spouse has been missing for four consecutive years, or two consecutive years if the disappearance occurred where there is danger of death under the circumstances laid down in Article 391 of the Civil Code;
  2. That the present spouse wishes to remarry;
  3. That the present spouse has a well-founded belief that the absentee is dead; and,
  4. That the present spouse files a summary of proceeding for the declaration of presumptive death of the absentee.”

While the requirements may seem lenient, we must be reminded that the court will study the present spouse’s claim closely and will check if he or she exerted effort to locate the missing spouse.  It is up to the court to decide whether these efforts meet the required degree of stringent diligence prescribed by jurisprudence.  Proofs may be gathered to support the present spouse’s claim that he or she really did try to look for the missing spouse; these could be police reports, public announcements about the missing person, and personal testimonies of people involved in the search.

If you are in a similar situation, we hope the above article helped clear some areas you may still be struggling with.  Again, your best recourse is to seek the assistance of a lawyer.

If you have questions about annulment and separation in the Philippines, drop us a line and we will do our best to search for the answer for you.

Reference: www.pao.gov.ph

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06 - 27

After your annulment has been granted by the court, you need to file the court decree at the Civil Registrar’s office.  You need to do this in order for your marriage certificate (from your previous marriage) to be annotated with the details of the approved annulment.  This will serve as proof that you are now free to marry again.

Most of the time, filing the court decree at the City Hall is included in the petitioner’s lawyer’s services; however, in cases when the petitioner is left to process the documents on his own, he or she may find the following information useful.

Read on.

Step 1:

Register the Court Decree of Annulment at the City or Municipal Civil Registrar’s (C/MCR) Office where the court is functioning.  Secure a Certified True Copy of the Court Decree from the same office.

Step 2:

Secure a copy of the Certification of Registration of the court decree from the C/MCR Office.

Step 3:

Secure Certification of Finality from the court which rendered the decree.

Step 4:

Petitioners are usually advised to allow 60 days before requesting for a copy of the annotated Marriage Certificate.  After 60 days, they may secure a Certified True Copy of the Marriage Certificate from the C/MCR Office where the marriage is registered with remarks/annotations based on the Court Decree of Annulment.

Step 5:

If the PSA does not have it on file yet, the Marriage Certificate has to be endorsed (officially transmitted) to PSA by the C/MCR Office where the marriage was registered.  The petitioner may simply visit the C/MCR and advise that his marriage certificate has to be endorsed to the PSA.

Source: www.psa.gov.ph

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06 - 20 (1)

After getting married, the next thing the couple needs to attend to are the updating of their IDs and other public documents, from their old civil status to that of married.  For women, they also have the option to change their maiden last name and begin using their husband’s last name in their IDs and government documents.  Take note that changing the woman’s last name is not mandatory; women have the option to keep their maiden last name for as long as they want.

To help newlyweds get started on this rather daunting task, we are sharing the following information, requirements, and processes involved in updating your marital status and changing your last name:

I. PHILHEALTH

  1. Bring a photocopy of your PSA Marriage Certificate and the original for verification.
  2. Advise the customer service personnel that you wish to change your marital status; you should be given a blank Membership Form.
  3. Your marital status should be accomplished while you wait; you will also be issued a new Philhealth ID.
  4. This can be done at any Philhealth office or satellite office.
  5. Updating of status and changing of name is free of charge.

II. Bank Records

  1. Bring a copy of your PSA Marriage Certificate; bank personnel normally photocopy the documents within bank premises.
  2. Bring valid IDs.  Banks like BDO and Eastwest prefer IDs that already bear your married name.
  3. Advise bank teller that you want to update your marital status and change your last name.  Most banks do not charge any fees for such updates.

III. Pag-IBIG

  1. Bring the original and photocopies of your PSA Marriage Certificate and valid IDs.
  2. Advise frontline personnel that you wish to update your marital status and last name.  You will be given an MCIF (Members Change of Information Form) for you to fill out.
  3. This can be done at any Pag-IBIG branch office near you.
  4. Updating your information is free of charge but if you wish to get a Loyalty Card, prepare Php 100.00.
  5. Updating of member’s information can be accomplished while you wait.

IV. SSS

  1. If you are employed, advise your employer that you wish to update your SSS data.  You will be given a Member’s Data Amendment Form (E4).  Fill it out and submit to your HR.
  2. Attach a photocopy of your PSA Marriage Certificate, SSS, ID, and an authorization letter for your employer to process this on your behalf.
  3. Updating your SSS details is free of charge but requesting for a new ID (UMID) will cost you Php 300.00.  The new ID may take a two to three months before it is issued to you.

V. Passport

  1. Confirmed appointment date and time; you may secure an appointment online at www.dfa.gov.ph
  2. Download a copy of the form online, accomplish it in your handwriting, but do not sign until you are in front of a DFA personnel.
  3. Get a complete list of required documents and IDs from the DFA website; double-check that you have all requirements on the day of your appointment.

VI. Driver’s License

  1. Bring the original and photocopy of your PSA Marriage Certificate and your current or expired license.
  2. Submit a duly accomplished Application for Driver’s License.
  3. This may be done at any LTO branch and should be accomplished within the day.  Be at the office early.

Sources:

www.lto.gov.ph

www.dfa.gov.ph

www.sss.gov.ph

www.pagibigfund.gov.ph

www.philhealth.gov.ph

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06- 16

Getting married is a once-in-a-lifetime event and all brides-to-be want nothing less than a perfect wedding day.  From the weather, to the place of ceremony, to the littlest of details in the bride’s wedding gown, everything should be flawless.  All because in the Philippines, you’re only supposed to marry once.

Over the years, weddings have become more and more elaborate, more detailed, and more personal.  From the basic white and ecru color motifs, couples have learned to be more bold and creative with their choices in colors, clothing, and quite recently, even the look and feel of the ceremony and reception areas.  Yes, weddings have become more fun and meaningful, yet it has also elevated the costs involved in achieving the desired “themes and motifs”, as wedding organizers would often say.

So how exactly do you plan, organize, and celebrate the perfect dream wedding without breaking the bank?  We researched on this topic and found quite a handful of information from wedding suppliers, organizers, and even brides themselves!  We are sharing everything that we’ve gathered so far and hope these could help you plan the perfect, yet not too expensive, wedding day for you.

  1. Choose the date and time.

According to wedding bloggers, you actually need to decide on the date and time before you even decide on the budget.  A wedding in June could be cheaper than a wedding in December or February since the latter months are considered by most businesses as peak months.

  1. Draft your entourage and guest list.

After you’ve confirmed the date, it is easier to list down the people you wish to be present on your wedding day, including and most importantly, your wedding entourage.  Save up on call toll charges by creating an online group chat or call them through the internet.

  1. Budget. Budget. Budget.

Now that you have a pretty good idea how many people will attend your big day, it is time to work on the wedding budget.  Before deciding how much you intend to spend, you would need to first discuss who will shoulder which expenses.

Filipino wedding traditions are very different from Western culture where the father of the bride shoulders majority, if not all, of the wedding expenses.  Filipino parents seldom shoulder their kids’ weddings unless extremely necessary.  If at all, it is the groom’s parents who share more in the wedding expenses than the bride’s.  Case in point: if you can’t afford your wedding yet, how do you plan to manage a lifelong marriage?

You will have to create a long list of items that need to be purchased, built, and sewn.  Keep in mind too that expenses do not end when you’ve made your way to the altar and exchanged “I dos”.  Your suppliers, drivers, relatives, and other people who will be helping out in your celebration need to be fed, sheltered, and dressed up too.  Prepare your petty cash for incidental expenses that are sure to crop up during the day itself.

  1. Finalize your booking for the ceremony and reception venue.

Weddings are commonly held during the dry months, beginning in December to the early weeks of June.  Top wedding destinations are the cool cities of Tagaytay, Batangas, and Baguio, while more adventurous couples are also keen on celebrating their union by the seashores of La Union, Boracay, Cebu, and Bohol.  The choices are endless and choosing could be fun except you have a budget and guests to consider.  Choose a venue that is not too far from where most of your guests will be coming from.  If you are on a tight budget, we suggest that you hold your ceremony and reception in the same place.  This cuts your expenses on rental fees, decorations, and travel by more than half.

  1. Book your wedding suppliers.

When choosing wedding suppliers, gather as much information from other newlyweds, relatives, and friends as you can.  This gives you first-hand information on the suppliers’ quality of service, negotiable rates, and other important details.  Remember, you do not need to “outsource” everything.  You can borrow, ask for, and create things on your own.  Wedding organizers were non-existent in the ‘80s and ‘90s but are now virtually indispensable.  If they were able to hold grand weddings in the past without the expensive services of a coordinator, why can’t you now?  Ask for your friends’ assistance and delegate assignments to your bride’s maids.  You’d be surprised to find out how much your “squad” wants to be part of your wedding preparations!

If you should spend (or splurge!) on suppliers, you’d be wise to focus on your caterer and photographers.  Your guests will remember your wedding more from the kind and quality of food you served and the candid and wacky photos they will be posting in social media.

And then again, if you have a brother who cooks mean dishes and friends who like to take beautiful photos, you can consider yourself one blessed woman!

  1. Save-the-dates and Wedding Invitations

If you can tap the limitless reach of social media to let everyone know when you’re getting married, use that.  Save-the-date cards add to your expenses and do not do much in ensuring that your guests will show up, so why bother?

While there are hundreds of wedding invitation suppliers who undoubtedly could come up with the most creative invitations for you, remember, you can easily copy a design online and print these yourself!  Invitations end up in people’s waste baskets or filed in a long forgotten shelf anyway, so why spend so much on these stuff?  Take a trip to the bookstore and channel the Martha Stewart in you.  Creating your wedding invitations could also be a good bonding opportunity with your mom, your sisters, and friends.

  1. Buying your wedding apparel.

Divisoria and Baclaran boast of designer quality fabrics that you can send to your trusty seamstress who can create lovely pieces for you and your groom.  If you are paying for your entourage’s gowns, then these two places in Manila are your best bets.  Buying off the rack is convenient but can be too pricey.  Also, expect to lose some weight (or gain some if you’re the type who eats when stressed) after all the stressful wedding preparations so having your gown done by a seamstress will prove to be more convenient when you need some adjustments  done before the big day (because having your gowns altered by designer stores cost money!).

  1. Wedding Permits, Licenses, and Seminars

Now these are the things your wedding suppliers, not even your expensive wedding coordinators, will remind you to accomplish.  Ironically, all your pricey wedding preparations will go to waste if you fail to secure the necessary documents for getting married.

First, you need to secure a Marriage License.  Keep in mind that a marriage license is only valid for 120 days.

Also, secure copies of your PSA birth certificates and CENOMAR (Certificate of No Marriage).  Check your documents for spelling errors and other inaccuracies.

Attend required seminars and retreats (required by either your parish or your municipality) and secure the necessary certifications.  These requirements vary per municipality and parish.

Word of the wise: Accomplish all permits, documents, and seminars yourselves, do not hire the services of fixers no matter how busy you think you are.

  1. Account your expenses

Keep a journal of your expenses and mark off all items that have been paid off and those that will be settled at a later date.  Keep track of your checks, receipts, acknowledgments, and other proofs of payment to avoid confusion and unnecessary expenses.

  1. Hold a pre-wedding gathering of your entourage and suppliers.

It does not have to be fancy; you just need to get them together to ease any tension and encourage coordination.  This is best done a week before the big day.  Include a rehearsal of sorts just to fine tune each person’s responsibility and involvement in the occasion.

Remember, you cannot achieve perfection so leave room for last-minute emergencies and allow your team some errors and oversights.  No matter how hard you prepare, something is bound to go wayward and it’s all part of the fun and excitement.

So enjoy the moment while it lasts.  You will soon realize that preparing for a wedding that lasts for a day pales in comparison to preparing for the marriage that is expected to last a lifetime.

Best wishes!

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05 - 30 (1)

Percy has been working as an Overseas Filipino Worker in South Korea for almost five years when he met Kim, a Korean national.  He expressed his desire to stay permanently in South Korea and work without the need for contracts with a Philippine agency.  Upon learning this, Kim offered Percy a deal: for 500,000 SKW, Kim will marry Percy so he can gain legal residency in South Korea.  

Percy readily agreed to the deal.  But instead of celebrating the marriage in South Korea, both of them decided to come to the Philippines and get married before a judge in Manila.  In less than two months, Kim and Percy were married.

Unfortunately upon their return to South Korea, Percy was diagnosed with tuberculosis and was advised by his doctor to refrain from doing hard labor.  He found it difficult to find a job without a valid medical clearance that is required in most office jobs in the city.  In the end, he and Kim decided it would be best for Percy to stay in the Philippines while he undergoes treatment for his condition.

Back home, Percy realized that living permanently abroad may not be a good idea after all.  Given his condition, he would rather be around his family who are ready and willing to take care of him while he is ill.  He called Kim and told her that he will no longer be coming back to South Korea.  Since Kim already received Percy’s full payment for their deal, she simply agreed with his decision and wished him well.

A few years later, Percy reunited with his childhood sweetheart and in a few months, both of them decided to get married.  Thinking that his ‘marriage for convenience’ with Kim was invalid anyway, he went ahead and began preparing for his wedding.  When he requested for a copy of his CENOMAR, he received a copy with the details of his previous marriage with Kim.

Apparently, a ‘marriage for convenience’ is valid for as long as it satisfied all the legal requisites of marriage.  Both he and Kim were of legal age when they presented themselves before the judge, they were able to present all the required documents, and the marriage was celebrated by a duly authorized solemnizing officer.

Pero hindi naman namin mahal ang isa’t isa nung nagpakasal kami.  Pinakasalan ko lang siya dahil sa citizenship ko sa South Korea.

According to the Family Code of the Philippines, the possibility that the parties in a marriage might have no real intention to establish a life together is insufficient grounds to nullify the union.  Therefore, even if the reason for Percy and Kim’s wedding was merely for him to gain permanent residency in South Korea, Philippine laws still recognize their marriage as binding and legal.

Given all these, Percy might find it difficult to build a case for annulment against Kim.

This case is also applicable if the wedding between a foreign national and a Filipino was held abroad – for as long as all legal requisites in that country were fulfilled and the marriage was recognized as valid, Philippine laws will also consider the marriage valid and legal, even if the reason for getting married is merely for convenience.

There is no convenient way to end a marriage for convenience.

References:

www.gov.ph

www.pao.gov.ph

www.manilatimes.net

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05 - 23

Brenda, a Pinay tourist in the US, married her cousin’s friend Doug, a US citizen, while on vacation in Florida.  A few months after the wedding, the couple traveled back to the Philippines to break the news to Brenda’s parents.  Sadly though, her parents vehemently opposed their daughter’s rash decision to marry a person they hardly know.  Because of the sad turn of events, Doug traveled back to the US on his own, leaving Brenda to deal with her family’s shock and disapproval.

Brenda and Doug never got the chance to see each other again.  Soon enough, the incessant email exchanges and nightly phone calls between the newlyweds slowly dwindled to brief text messages and unreturned missed calls.  Before long, Brenda met a new guy at work and quickly fell in love.  This time, she knew he was “the one”.  She introduced him to her parents who immediately approved of their budding romance.  Less than a year later, she was, again, busy planning her wedding.

“Di ba kasal ka na sa U.S.?” asked one of Brenda’s aunts.

“Oo, pero hindi naman niya pinarehistro dito sa Pilipinas yung kasal niya. So single pa din siya dito.” came Brenda’s Mom’s firm reply.

Could this be true?  Can one simply disregard a marriage solemnized in another country by not declaring it before a Local Civil Registry office?  Can you be married in one country and single in another?

We received this same question from an avid reader and thought it wise to find out if overseas marriages are not considered valid in our country.  Below are our findings:

Lex Loci Celebrationis

This is the rule we follow for marriages celebrated abroad between two Filipinos or a Filipino and a person of different citizenship.  The Latin phrase translates to “law of the place of the ceremony”.

This means that the Philippines recognizes a marriage celebrated or solemnized in a different country as long as it follows the requirements set by the law of that state.  Hence, if the marriage is deemed valid in that country, it is then deemed valid in the Philippines, even if it did not comply with the procedures and requirements set the Family Code of the Philippines.

Exceptions to the Rule           

Article 26 of the Family Code excludes the following prohibited marriages:

  1. Cases where a party is below eighteen years old at the time of marriage;
  2. A party is psychologically incapacitated to comply with the essential marital obligations;
  3. Mistake in identity of a spouse;
  4. Subsequent marriages celebrated without properly terminating, liquidating, and distributing the properties of a previous marriage;
  5. Bigamous or polygamous marriages;
  6. Incestuous marriages;
  7. Void marriages for reason of public policy such as marriage between collateral blood relatives up to fourth civil degree or between step-parent and step-child.

If the marriage abroad does not fall under any of the above-mentioned exceptions, then it is considered valid in the Philippines.

But the marriage was not registered in the Philippines

The marriage’s validity is not at all affected by the fact that it was not properly registered in the Philippines.  For as long as it is considered valid in the country where it was celebrated, the marriage is deemed valid in the Philippines as well.  Registering a marriage is done to simply record an event affecting the civil status of the persons involved; it serves as evidence of the act or occurrence.  Its absence does not invalidate the marriage.

Can Brenda continue with her plans of marrying her Filipino boyfriend?

If we are to apply the principles of Lex Loci Celebrationis, Brenda is no longer free to marry another person, in the US or here in the Philippines.  And the only way she can regain her single status and be able to marry another person is if Doug, being the US citizen, files for divorce abroad.

We hope you found these information helpful.  If you have questions about civil registration in the Philippines, please feel free to drop us a line and we will do our best to find the answers for you.

Source:

www.gov.ph (The Family Code of the Philippines)

http://www.manilatimes.net

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04 - 06 (1)

When a person changes his name, whether due to marriage, adoption, or corrections on birth certificate entries, the rest of his identification documents, such as passports, should also be updated.  Here is a list of name amendments allowed by Philippine laws and the specific requirements when applying for a new or renewed passport due to change in name.

  1. Change of name due to marriage.
  2. Change of surname of a legitimated child by virtue of a subsequent marriage of parents.
  3. Change of name due to adoption.
  4. Change of name due to death of spouse or annulment of marriage.
  5. Change of name due to divorce (valid only for those Filipinos who did not act as Plaintiff in the divorce proceedings, i.e. the Filipino spouse did not initiate the divorce proceedings; not valid for couples who were both Filipinos at the time of the marriage).
  6. Change of name as duly ordered by Philippine courts or the Civil Registrar General.

General Requirements

  1. Duly accomplished passport application form, typed or printed legibly in black or blue ink.
  2. Latest original passport and one photocopy of data page of passport (original will be returned).
  3. Proof that applicant has not applied for foreign citizenship, e.g. resident alien card.

Requirements for Change of Name DUE TO MARRIAGE:

  1. If marriage was solemnized in the Philippines, bring your PSA certified original copy and one photocopy or marriage certificate.  The original copy is for verification only and will be returned to the applicant. Applicant may order a copy of the PSA Marriage Certificate online at www.psahelpline.ph.  Copies will be delivered to their address.
  2. Original and one photocopy of marriage certificate The original copy is for verification only and will be returned to the applicant. Applicant may order a copy of the PSA Marriage Certificate online at www.psahelpline.ph.  Copies will be delivered to their address.
  3. If marriage was solemnized abroad, bring a duly accomplished Report of Marriage Contracted Abroad form.

Requirements for Change of Name DUE TO DEATH OF HUSBAND, DIVORCE, ANNULLED MARRIAGES:

  1. For widowed applicants, authenticated death certificate of husband, authenticated court order of presumptive death.
  2. If marriage was annulled, PSA Marriage Certificate, with annotation reflecting the annulment of marriage.  Applicant may have a copy delivered by ordering online at www.psahelpline.ph.
  3. If applicant is divorced, submit an original and one photocopy of Divorce Decree (original will be returned).
  4. Number 3 is applicable only when the applicant is the Filipino spouse; if both parties were Filipino citizens at the time of marriage, this will not apply.

Requirement for change of name DUE TO LEGITIMATION UPON SUBSEQUENT MARRIAGE OF PARENTS (or as ordered by Philippine courts or by the Civil Registrar General):

Requirement for change of name DUE TO ADOPTION:

Changes in name allowed under Republic Act 9048:

These are changes in name entries that did not have to undergo a judicial order:

  • Correction of clerical or typographical errors in any entry in civil registry documents, except corrections involving the change in sex, age, nationality, and civil status of a person.
  • Change of a person’s first name in his/her civil registry document under certain grounds specified under the law through administrative process.

Requirement:

Source:

www.gov.ph

www.dfa.gov.ph

Chips And Nibblers (1)

Closet Queen

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