This question comes up so often it may seem boring to some. Yet the comments and questions I receive indicates it is still a big issue that a great many people have no concept of … they are totally uneducated in this department. Short answers are:
Yes, it does matter that she is married and yes, adultery is a crime in the Philippines. Oh, and, no, under the law of the Philippines and the US, it is NOT legal to get married if you are already married.
Since one of my main goals here is to tray an educate, I feel more ‘class work’ is required. Put of the blue came this excellent, well-written comment for an reader, "Johnny Appleseed". It’s too good to just "bury" in the comments section, so I am putting it front page center. Thanks, "Johnny"
There are two matters at hand here, severance of marriage in your country recognized by every country except the Philippines and getting it recognized by the Philippine government.
According to a Filipino Law office to satisfy Filipino law the foreigner could obtain the divorce outside of the Philippines submit the dissolution papers before the Philippine Consular office in the country or territory you are resident of, then the divorce decree is to be submitted to the Philippine NSO. That will allow the divorce to be recognized in the Philippines
If you live in the Philippines and are a U.S. citizen you may consider for expedience traveling to Guam ( a U.S. territory)( Residency can be had quickly in Guam for U.S. citizens) there are more than one law offices to choose from i have no opinion favorable or unfavorable toward the following. I simply put a link here http://www.guamdivorce.us/. There is a Philippine Consular office in Guam… ( http://embassy-finder.com/philippines_in_guam_usa ) A Filipino lawyer may not want you to know this information as he wont be making any money off of it.
Anyways make the calls do the homework yourself. I am not a proponent of divorce rather an advocate of trying to make marriages work. Sometimes however marriages become totally unsalvageable and it is not fair to the one to be tied to a spouse who has no intention of fulfilling their vows or continuing a relationship.
Do investigate your option and check to see if this is a viable option if so inclined. If anyone has tried this venue successfully or unsuccessfully please do share the ease or problems and what went right or wrong with the process. Thanks please reply. Salamat
P.S. Remember that Adultery is a crime in the Philippines and so is Concubinage (married male living with a mistress).
Philippine R.A. 9262 psychological abuse please read http://famli.blogspot.com/2006/01/adultery-concubinage-and-psychological.html. Adultery is no joke in the Philippines if you have a spouse who pushes it, you can get prison time for it and /or deported.
I spoke to a few political people and they told me in my case their is a bit of biased in these cases against foreigners this came from Filipinos mouths and I do concur by experience.
Thank you Johnny, couldn’t have said it better myself. Also, for those who don’t follow links, read these definitions from Philippine law.
 Under the Revised Penal Code, adultery cannot be committed by the husband; it is a crime committed by the wife and her paramour.
 Concubinage is committed by a husband in several ways:
- by keeping a mistress in the conjugal dwelling; or
- by having sexual intercourse under scandalous circumstances with a woman who is not his wife; or
- by cohabiting with his mistress in any other place.
 If a husband wants to file an adultery case against his wife, he must also charge the paramour. In the same way, a wife must file the case for concubinage against her husband and his mistress; she cannot charge the mistress alone.
 Maximum penalty for adultery is imprisonment of six years. Maximum penalty for concubinage for the husband is four years and one day; penalty for the mistress is destierro (exile).
 Since concubinage is difficult to prove in court, the wife should instead file a case of psychological violence under RA 9262.
The penalty for "psychological violence" under RA 9262 is a minimum of six years up to twelve years of imprisonment. The maximum penalty is imposed if the violence is committed by the husband or the intimate partner against the woman when she is pregnant or in the presence of their children.