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Doing the Right Thing in the Philippines

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Doing the Right Thing in the Philippines.

Here’s another of those posts that essentially wrote themselves.

A reader posed a question, very typical to questions I get here all the time.  I started to write one of my famous “book-length” responses to his comment, and then decided this needs to be brought out into the main articles area so that it is easier for others to read as well.

Freedom to Marry

Week in and week out I get queries that center around the issue of “freedom to marry” and, after 15 plus years in this business, some would be surprised just how alike many of those questions are.

A very common thread involves someone trying to find a “loophole” or some way or another to skirt the law or “short cut” the accepted procedures, and, in my view, at least, they are recipes for disaster.

Executive Summary

Some of you may not care to read what may develop into a long article.  If so, I can summarize what’s going to follow with one simple rule to live by:

Integrity means doing the right thing even if no one else will find out.

I suspect a few readers here may consider that ‘stodgy’, ‘archaic’ and ‘stuffy, old man’ thinking.  So be it.  All are free to believe what they want to believe, but I also know many will agree that a man or woman who has lost their integrity has lost everything.  Or so Dave opines.

If You Want The Details

Here’s the reader’s question, followed by my responses:

Philly, thanks for all your help.  I am US Army Soldier in Iraq.  I just found out the girl friend I want to marry was married before …  She thinks that if she somehow changes her name that this will allow her to remarry.  If I read all that is here I think the only way for her to get a fiancée’Visa to America or able to get civil marriage in Philippines is if she gets a legal annulment.  When I read the 6 reasons that normally justify an annulment I don’t see how they apply to her situation.  And she is saying the lawyer told her she can get her an annulment in 3 months for 200,000 peso.  Something sounds wrong here.  Any advice you can give?  I know you are not a lawyer but I just wanted to see what you could tell me.

Dear  Sir, first of all let me thank you for your service, as well as being a reader and for contributing to this community.

It’s Only My Personal Opinion

Second, be aware you did ask my opinion, so that’s what you are going to get.  You should know enough just by nosing around here a bit, that my opinions don’t always go down too easily with some … but that’s the way things go.  My thought are:

She thinks that if she somehow changes her name that this will allow her to remarry

This young lady is not thinking right.  You can not live your life on based on a lie (such as changing one’s name for reasons of avoiding the law).  You know and I know, and possibly she knows, deep down inside, this would be the wrong thing to do.

Not Only Is It Wrong, It Probably Won’t Work

From my experience in the Philippines, this would never work.  Everyone knows everyone (or so it seems to me).

Women, in particular, track their classmates from elementary school on to the time they are grandma’s.  Everybody seems to evaluate other people’s importance in life by what schools they went to, their family name, etc.

I also believe this is quite likely illegal, also, under the laws of the Philippines.

I really don’t think the Philippine NBI (National Bureau of Investigation) is incompetent.

They, and the US State Department vet all candidates for US fiancee or spousal visas.

To think that they wouldn’t notice the name change seems a bit unbelievable to me.  These guys, on both the Philippine and US side, uncover fraud for a living.   A very ill-conceived idea, IMO.

When I read the 6 reasons that normally justify an annulment I don’t see how they apply to her situation

Well this, of course will get us quickly far beyond my area of expertise.  Only an attorney in the Philippines would really be qualified to give advice here.  I’ve heard what sounds to me some very tenuous arguments that managed to “fit” a case into one or more of the general reasons for granting an annulment.

That’s one reason a lawyer goes to school for however many years, passes an arduous bar exam, etc.  What I don’t know, myself,  would fill a book.

The weaker you feel the case may be, the more you need competent legal advice before embarking on a course of action, not later, after damage to your case may have already occurred.

… she is saying the lawyer told her she can get her an annulment in 3 months for 200,000 peso.  Something sounds wrong here…

Sounds off to me as well, possibly by a factor of four in either direction.  The most successful cases I know of, personally, took about a year.

I think one year is a somewhat realistic estimate.  Three months?  Well, if you can do it, hey, good luck to you, but if a lawyer told me that, I’d demand official records, testimonials of satisfied former clients, etc. to back that claim up.

Second, something along the lines of P50,000 is more in line with prices I have heard.  I find this lawyer’s estimate/offer a bit suspicious, in my personal view.  I would check this attorney’s reputation and background out very closely, were it me.

Never Mind Her Annulment, How About Your Career?

Let me conclude with an issue you didn’t mention.

You state you’re a serving in the US Army.  About 99 chances out of 100, you already hold a US Security Clearance.

If you chose to remain in the Army as a career, or if you separate and go into some related civilian field, there’s an excellent chance that a security clearance is going to be a part of your life for years to come.

The rules regarding security clearances and marriage to a foreign national are much more strict and unyielding than the rules of ordinary, non-cleared individuals.  The US government, to put it mildly, errs very much on the side of caution in these matters.

Doing the Right Thing in the Philippines

Base a Marriage on Trust, Honesty, Integrity

I’m not saying that one can’t marry a foreign national and hold a security clearance … there may be no problem there, hundreds of thousands of military and civilian security-cleared folks do have foreign spouses … but I am saying that she is going to be subjected to scrutiny far beyond what she wold be if you were marrying her as a private citizen.  Both now, and throughout your married life so long as you hold a clearance.

If you hold a Top Secret or higher clearance, the scrutiny becomes much more intensive, even invasive in some people’s view.

Are you ready for this?  More importantly, is she ready for this?

A Name Change Is Going To  Be a Big Red Flag

This speaks directly to the issue we first talked about … the proposed name change to make the previous marriage disappear.  Actions like this are trivially easy for experienced investigators to find, and no matter the intent of such “shortcuts”, once they become evident in an investigation they go directly to the trustworthiness and integrity of the subject and the subject’s spouse.

In The Security Clearance Business, You’re Guilty Until Proven Innocent

The whole security clearance process is not like the civil legal process, where one only has only to avoid actually breaking a law to stay out of trouble, (you are innocent unless proven guilty).

The clearance process is a lot more like a situation where guilt is assumed and one has to prove innocence.  Don’t take offense at this, but I feel it has to be said … particularly if you are making a career out of the military.

Seek Guidance First, Not After The House Of Cards Collapses

Have you had a heart-to-heart with your commander or your unit security rep?  Personally, I’d request one … before I took any actions I might later have to explain.

Hope this has been of some help to you.  Godspeed.

Any other comments on Doing the Right Thing in the Philippines?

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Comments

  1. Hello Philly,

    Let me tell you about my experience with the annulment in the Philippines.

    I am undergoing annulment, my lawyer filed last Jan. 2009 and it’s STILL not done till now. My grounds was “PSYCHOLOGICAL INCAPACITY” on the part of my Ex husband. He had been non-respondent since day 1 and until now. It’s taking so long! We went through every process…summons, publication, hearings after hearings after hearings. I presented myself in court already, then the Clinical Psychologist then another corraborating witness. It took 2 hearings for each of us and for the corraborating witness that I presented, it’s almost 3 hearings and he’s still asked to appear on the 29th of this month for another cross examination. And every hearing takes 1 month in between each. I heard that there’s still a lot more to do.
    I talked to another lawyer and he told me that after the presentation of witnesses, there is still about 3 months of wait for the other party(which is non-respondent since day 1) to reply, then after 3 months, we wait for 3 more months for the decision of the judge. WOW! SOOOOOOOOOO LONG RIGHT?!

    I’ve spent 300THOUSAND PESOS already for the whole process and still going to spend some more because it’s not done yet.

    For the posting here about this US Soldier wanting to marry a married woman, don’t get fooled by the 200,000pesos for 3 months. It doesn’t take that quick and its not enough money too. Unless you want to do it under the table which means paying someone to expadite something illegal. I’m not saying you find another woman or gf but just be ready to face these expenses and also these long process of annulment in the Philippines.

    GOOD LUCK!

    • @ljan (ID 5606): Hello Ijan, thanks for reading and for being a contributor to the community here at PhilFAQS. I’m sorry to learn your annulment process has been so difficult and expensive so far. Not much I can say except to affirm that you are doing the right thing, and I know of no other course of action that will work for you, so you just have to stay the course. Godspeed.

  2. good morning sir,
    honestly im not good in english..trying to find an answer to my question, hopefully sir you can help me.
    Im here in korea right now and i came in here as a single but im not a single for real im married to a filipino. Before i working as a singer here, when i just got here me and my husband were separated for 2 years, and i meet a US soldier we getting married here tru PROXY MARRIAGE at the states of montana. we live here for 2 years now, at the same time i went to Philippines just to file my annulment and thanks God because we almost done right now, my papers is in the NSO right now and we wait until to release that.
    the problem is can i get a visa to US? Unfortunately my husband finish contract here in korea he wants me to go there to US, can US embassy give me a tourist visa? even if im married to a filipino before? but now is annul? do we need to get re marry again????……thanks in advance for replying to this question.

    • @Lois Keeler (ID 5380): Hi Lois. Thanks for reading and for contributing here. Wow, what a whole raft of issus in one short comment. I really have no idea where to start.

      When you say your husband is a US soldier, and then say he finished his contract that makes me a little confused. Soldiers don’t get moved from place to place based on contracts. Is that just the choice of words, or is he actually something like a contractor working for the US military (there are many of them in Korea).

      If your husband really _is_ a US soldier, the US has special procedures and rapid processing for both fiancee’ and spousal visas for servicemen. He (you and he together) should apply for (I think) a spousal visa for you to join him in the US. I’m saying this based on the fact you _appear_ to be legally married to him, based on that Montana proxy marriage. Technically, of course, you are not completely legal (because you legally were still married), but a real tell tale in this matter is, do you have a military dependent’s ID card, and are you registered as his wife through DEERS?

      If your husband did things properly through military channels … got permission to marry, has you as his legal spouse and there in-country as what the military calls a ‘commend sponsored’ dependent, then you are much better off and the quickest route if just to get you an IR (immediate relative) visa.

      If you current marriage is ‘under the table’, not so quick I fear. My guess is he’ll have to rotate back to the US and file for a spousal visa after you annulment is registered.

      Now, regarding a US tourist visa? I think that’s pretty much out of the question. What are you going to use as reason to travel to the US? Meeting up with your hubby is _not_ tourism, and if you enter the US as a tourist saying that you are single, and then apply for a green card based on your exiting marriage, you may well be charged with immigration fraud (becuase that would be fraud), deported and probably banned for life from entering the US. In addition, what US consular officer would ever approve your tourist visa … the prime thing they look for, especially in women of marrying age is evidence that they will return to the Philippines from their tourist visit. You know you would have no intention of returning to the Philippines, so why waste $100 plus USD on a visa application you know is a lie?

      A poor way to start a life together, cutting corners, trying to beat the system and doing things you know aren’t right (like committing bigamy … but then that’s just my opinion, you do what’s right for you. Godspeed.

  3. Dave, even if the lady in question changed her name, how in the world is she going to get her NSO Certified Birth Certificate which is needed for any Spousal Visa to the States? My wife even had to show a Baptismal Record from her local priest when she went for her interview at the U.S. Embassy in Manila.

    • Exactly, and a good point Dave. To me, the most important thing here is integrity. If two people are going to start their life together based on a lie, and if she thinks so little of her first husband that she is ready to perjure herself in order to grab on to her second, what does that say about the couple’s long-term chances?

  4. Hi Phil,

    This question is out of context with your article but can you tell us about what’s going on with the ‘Pocket open skies’ policy?

    Thanks!
    Eddie

  5. Permission to answer this? :p LOL!

    Well, really most lawyers who say they can get an annulment will try to run it through the “catch-all” ground of psychological incapacity. This particular ground can become easy or difficult, depending on two reasons — one if the lawyer can really make a good case for psychological incapacity or two if he cannot , if he can bribe the judge and if the judge is even “bribable.” (sorry that is not an English word). :p

    But honestly, “psychological incapacity” by itself is a VERY difficult ground, for the simple reason that it presupposes that the “guilty” spouse or the spouse to whom the marriage is being sought to be annulled is “incapable of fulfilling his marital obligations” psychologically. And the “guilty” spouse can even oppose it and say, “hey I am not psychologically incapacitated”. Or if you can get the “other spouse” to even agree with it, you have the State through the Office of the Solicitor General to go along with your plan … and this is another road block by itself.

    But yes, some lawyers can do it. I will not attest however to the “integrity” with which they did it. I myself do not have the stomach to do private practice for the very reason that you can not win a case purely on your knowledge of law, if you get what I mean.

    Its a risk, and I honestly would not venture taking that risk.at great expense to him (the soldier) if he is paying for it. Litigation can go on forever here, there is no guarantees.

    • @Claudette (ID 5159): You have blanket permission here, always Attorney C. Feel free to weigh in any time. I, and I am sure the est of the community here appreciate your sound advice. A judge being ‘bribable”? Oh my, you think that is only a Philippines thing?

      Trust me, it happens everywhere. You might like this true story … my main thought was, I was surprised not so much that the judge was crooked, but that his price was so cheap 😉 You Mean All I Needed Was A Box Of Cigars?

  6. Good advice, I would take it a step further seek legal advice at the recommendation of your Commanding Officer, then insure everything is well documented. Your Commanding Officer knows nothing about Philippine law or US Immigration law. I remember Service Members who got permission from their Commanding Officer on Okinawa to get married in the Philippines only to be court martialed once they were stationed in the Philippines for not complying with a COMNAVPHIL instruction on getting married. These days security is a lot tighter than in the past and you will be looked at very closely, even civilian employment that requires any type of very minor security clearance is looked at.

    • @zeke_axlerod (ID 5139): Excellent advice, Zeke. One of the landmark cases in the security clearance court world is one filed by a shipyard general laborer who wanted a promotion to janitor. To be a janitor, he needed a security clearance, becuase he was untruthful on the application for his security clearance, he was denied for issues of ‘trustworthiness”. He sued. The judge ruled, “No way. It’s the government’s sovereign right to grant or withhold security clearances and we, the court, won’t weigh in.’

      Normal standards of what most people think of as “fairness”,as well as the general principles of law do NOT apply in security clearance issues. In today’s world, it’s a new world.

      You know, across the US a lot of dedicated, long-time police officers have had to leave their jobs, becuase under the all-powerful “Suspension of the US Constitution Act” oops, I mean the “American Patriot Act”, local law enforcement officers, security guards, armored car drivers … a whole host of civilian careers can be compelled to hold government security clearances. It’s not the same world as it was …