Everyone, By searching over internet I found this plate form to get information regarding a serious issue. I am an asian, and I got married with a filipina in 2015 in Hong Kong. Unfortunately, Recently, I have come to know that she is already married therein philippines. I have 5 months older son with her. I kept financing her till she gave birth and it was a huge amount that nobody believes. At the time of birth she did not mention my surname with baby name nor shown me name as father. She also has shown her marital status unmarried in the birth certificate of baby. I am trying to find its solution how can i get out of this mess? I would appreciate if someone can help me. Thank you in advance for your kind cooperation.
Pakistani married to a Filipina in Hong Kong, who was already married before
Atty. Bimbi
is a Legal expert
in the Philippines
Hello. I am a lawyer in the Philippines.
My problem is that I cannot give you advice about the laws in the Philippines because you did not state what you want to do. Do you want your marriage with the Filipina annulled or do you want to divorce her?
You did not mention your nationality or citizenship. The rule is, if your country of citizenship gives you the right to divorce your spouse, then you can divorce your Filipino spouse.
Second, I find it hard to believe that you married the Filipina in HOng Kong without knowing that she was already married in the Philippines. The Hong Kong government always asks foreigners to provide a Certificate of No Marriage. If the Filipina is already married, she will not be able to get the Certificate of No Marriage (CeNoMarr). If she was able to get a CenoMarr, it can mean that her "marriage" is not genuine or authentic as there are no records of her ever being married in the Philippines, or the CenoMarr she provided is fraudulent or fake.
Third, if you were truly married to this Filipina, then you can demand that the child bear your last name. This is the right of the child. If the Filipina does not want your child to carry your last name, it could mean that the child is not really yours biologically that is why she does not want the child to use your last name. It could also mean that you were not really married because if you were really married, then, why would she deprive her child of the benefit of having her husband acknowledge and recognize the child as his? Everything will be much easier for the child if he used his father's last name, immigration, birth certificate, support, inheritance, right to receive government benefits for school, medical and dental benefits. Why wouldn't she want her child to have these benefits? This doesn't make sense.
If you want nothing to do with the Filipina, you can always divorce her. If you want the child to be able to use your surname, you have to have some proof that the child is biologically yours and then you can file an Affidavit of Recognition and Affidavit to Allow Use of Surname.
If you want to sue the woman and get back from her what you spent for her pregnancy and childbirth, I don't know how I can help you unless you tell me where you are. You must get a lawyer who can give you advice based on documents you show him. Here, I do not know anything other than the few facts you have put in your post.
My problem is that I cannot give you advice about the laws in the Philippines because you did not state what you want to do. Do you want your marriage with the Filipina annulled or do you want to divorce her?
You did not mention your nationality or citizenship. The rule is, if your country of citizenship gives you the right to divorce your spouse, then you can divorce your Filipino spouse.
Second, I find it hard to believe that you married the Filipina in HOng Kong without knowing that she was already married in the Philippines. The Hong Kong government always asks foreigners to provide a Certificate of No Marriage. If the Filipina is already married, she will not be able to get the Certificate of No Marriage (CeNoMarr). If she was able to get a CenoMarr, it can mean that her "marriage" is not genuine or authentic as there are no records of her ever being married in the Philippines, or the CenoMarr she provided is fraudulent or fake.
Third, if you were truly married to this Filipina, then you can demand that the child bear your last name. This is the right of the child. If the Filipina does not want your child to carry your last name, it could mean that the child is not really yours biologically that is why she does not want the child to use your last name. It could also mean that you were not really married because if you were really married, then, why would she deprive her child of the benefit of having her husband acknowledge and recognize the child as his? Everything will be much easier for the child if he used his father's last name, immigration, birth certificate, support, inheritance, right to receive government benefits for school, medical and dental benefits. Why wouldn't she want her child to have these benefits? This doesn't make sense.
If you want nothing to do with the Filipina, you can always divorce her. If you want the child to be able to use your surname, you have to have some proof that the child is biologically yours and then you can file an Affidavit of Recognition and Affidavit to Allow Use of Surname.
If you want to sue the woman and get back from her what you spent for her pregnancy and childbirth, I don't know how I can help you unless you tell me where you are. You must get a lawyer who can give you advice based on documents you show him. Here, I do not know anything other than the few facts you have put in your post.
Thank you Ma’am Bimbi for your quick response.
Ma’am, in response to your reply following points could give you clear idea about the problem.
I am a Pakistani national and working in Saudi Arabia for last 7.5 years as an accountant.
At the moment I am not in the favor of annulment or divorce which may spoil the future of the kid.
I and she were in relationship for 4 years over. I Travelled in Hong Kong in 2015. There I discovered for the first time that she has a son of 10 years. She told me that she is a victim of rape. I still trusted on her words and accepted and went for the marriage therein HK. In registrar office we applied for the issuance of marriage license. At the time of all formalities in registrar office she had been asked if she is single or married. She had told to registrar that she is single. In this way, license was issued and we were married and contract of marriages was solemnized as per Islamic rulings and this marriage contract has been notarized from HK. She went with me in Pakistan for 10 days. Then she returned back to her work in HK. In August 2015 I visited her in Philippines when she returned back after completion of her contract. I kept asking her about the name of her parents so that I could get Cenomar, But she kept going right left and even couldn’t go with me to NSO to know her marital status. I came back to KSA and then she went to her new job in HK. In 2016 she travelled to Pakistan as my mother was v sick as she reached there my mother passed away. I was there in Pakistan too. After all burial ceremony we returned back in October 2016. She went to Philippines and I came back on my work. Later it has been found out she is pregnant and I kept financing her till she gave birth. Currently she is residing in Pangasinan. She chad chosen a private hospital for complete checkups and delivery.
On the time of delivery, she sent me a document to be filled up by parents, given to her by hospital. I filled up all required details with the name of baby on 27.05.2017. I travelled in Philippines on 27.06.2017 and found out that the information which I filled up in the certificate of live birth form, was not recorded in the birth certificate of my son. She hides from me all that and told me it’s the fault of hospital and they forced me to sign birth certificate of baby for the claim of 21,000 PHP to insurance company. This amount was against all expenses of baby during birth. Hospital management told her that if you will not sign this document you can’t avail benefit of waiver. This document has no details of mine as father and her status is as unmarried. Later we discussed this issue registrar and then they told us to go to NSO to get a copy for an advance endorsement. We got that copy by the end of August but still this issue is no solved. In the meantime, I again came back to my work and somehow I got the marital status of her from NSO. Her marital status in NSO record is showing. “At least one record of marriage was found for this person. An advisory of marriage will be delivered to you”.
The above all information which I have shared to you is for your better understanding and as per reality that I have gone thru. Hope now you would understand it.
Ma’am, in response to your reply following points could give you clear idea about the problem.
I am a Pakistani national and working in Saudi Arabia for last 7.5 years as an accountant.
At the moment I am not in the favor of annulment or divorce which may spoil the future of the kid.
I and she were in relationship for 4 years over. I Travelled in Hong Kong in 2015. There I discovered for the first time that she has a son of 10 years. She told me that she is a victim of rape. I still trusted on her words and accepted and went for the marriage therein HK. In registrar office we applied for the issuance of marriage license. At the time of all formalities in registrar office she had been asked if she is single or married. She had told to registrar that she is single. In this way, license was issued and we were married and contract of marriages was solemnized as per Islamic rulings and this marriage contract has been notarized from HK. She went with me in Pakistan for 10 days. Then she returned back to her work in HK. In August 2015 I visited her in Philippines when she returned back after completion of her contract. I kept asking her about the name of her parents so that I could get Cenomar, But she kept going right left and even couldn’t go with me to NSO to know her marital status. I came back to KSA and then she went to her new job in HK. In 2016 she travelled to Pakistan as my mother was v sick as she reached there my mother passed away. I was there in Pakistan too. After all burial ceremony we returned back in October 2016. She went to Philippines and I came back on my work. Later it has been found out she is pregnant and I kept financing her till she gave birth. Currently she is residing in Pangasinan. She chad chosen a private hospital for complete checkups and delivery.
On the time of delivery, she sent me a document to be filled up by parents, given to her by hospital. I filled up all required details with the name of baby on 27.05.2017. I travelled in Philippines on 27.06.2017 and found out that the information which I filled up in the certificate of live birth form, was not recorded in the birth certificate of my son. She hides from me all that and told me it’s the fault of hospital and they forced me to sign birth certificate of baby for the claim of 21,000 PHP to insurance company. This amount was against all expenses of baby during birth. Hospital management told her that if you will not sign this document you can’t avail benefit of waiver. This document has no details of mine as father and her status is as unmarried. Later we discussed this issue registrar and then they told us to go to NSO to get a copy for an advance endorsement. We got that copy by the end of August but still this issue is no solved. In the meantime, I again came back to my work and somehow I got the marital status of her from NSO. Her marital status in NSO record is showing. “At least one record of marriage was found for this person. An advisory of marriage will be delivered to you”.
The above all information which I have shared to you is for your better understanding and as per reality that I have gone thru. Hope now you would understand it.
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