Dear Attorney,

I hope this letter finds you well. I am writing to seek your legal advice regarding a complicated marital matter. My husband was previously married in Israel in 2002 to another Filipino-Catholic woman, and they have two children from that union. However, their marriage was not registered here in the Philippines. In 2023, I married him, and our marriage is duly registered with the Philippine Statistics Authority (PSA). When I requested his Certificate of No Marriage Record (CENOMAR) earlier this year, it indicated that he was single.

I recently discovered his prior marriage, which he concealed from me. Had I known of this, I would not have agreed to marry him. Given this deception, I would like to know the following:

Is his previous marriage valid in the Philippines even though it was not registered here?
Are his children from that marriage considered legitimate or illegitimate under Philippine law?
Can the fact that he lied about his marital status and withheld this crucial information from me be a valid ground for an annulment of our marriage?

Your guidance on these questions would be greatly appreciated. Thank you for your time and expertise.

Sincerely,
A Concerned Wife

Legal Article: The Legal Status of Foreign Marriages and Grounds for Annulment Under Philippine Law

Marriage, as an institution, is deeply enshrined in Philippine law, specifically under the Family Code of the Philippines. It is a lifelong contract between spouses, requiring consent, capacity, and adherence to the legal requisites. This inquiry involves a foreign marriage, legitimacy of children, and potential grounds for annulment, all of which are nuanced under the law.

1. Validity of a Foreign Marriage in the Philippines

Under Article 26 of the Family Code, the Philippines generally recognizes marriages solemnized abroad if they conform to the laws of the country where they were performed. This principle upholds the international doctrine of lex loci celebrationis—the law of the place of celebration governs the validity of the marriage.

In this case, if your husband’s first marriage in Israel complied with Israeli marital laws and met the essential and formal requisites of marriage under Philippine law (Articles 1, 2, and 3 of the Family Code), it is valid even if it was not registered in the Philippines. Registration under Philippine law serves as evidence of the marriage but does not determine its validity. A marriage that is valid abroad remains valid in the Philippines unless judicially declared void.

Implications:

Your husband’s first marriage, if valid in Israel, is considered binding in the Philippines.
His marital capacity at the time of your marriage becomes a critical issue, as bigamy (the act of contracting a second marriage while a first is still subsisting) is both a crime under Article 349 of the Revised Penal Code and a ground to void subsequent marriages.

2. Legitimacy of Children from the Foreign Marriage

Children born of a valid marriage are considered legitimate under Article 164 of the Family Code. The legitimacy of children is tied to the validity of their parents' marriage.

If your husband’s first marriage in Israel is valid, his children from that union are legitimate. Conversely, if the marriage is void (e.g., due to lack of essential requisites or failure to comply with Israeli laws), the children may be considered illegitimate under Philippine law unless legitimized through subsequent recognition or marriage of their parents.

Exceptions:

Children born of a void marriage may still enjoy rights under Article 176 of the Family Code, which affords illegitimate children certain entitlements, including support and inheritance rights.

3. Grounds for Annulment of Your Marriage

Annulment is a legal remedy that nullifies a marriage due to a defect existing at its inception. Based on your account, the concealment of a prior marriage might give rise to grounds for annulment under specific provisions of the Family Code:

Grounds under Article 45:

Fraud: Fraud is a recognized ground for annulment under Article 45(3). Misrepresentation or deceit regarding essential marital facts, such as a subsisting marriage, may constitute fraud. If your husband knowingly concealed his prior marriage and misrepresented himself as single, it undermines the consent you gave during your marriage.
Psychological Incapacity: If the deceit stems from a personality disorder or psychological incapacity preventing your husband from fulfilling his marital obligations, annulment under Article 36 may be considered. This requires expert testimony and evidence to establish the incapacity as juridical antecedence.
Bigamy: Under Article 35(4), your marriage may be void if it was contracted while your husband’s prior marriage was valid and subsisting. Bigamous marriages are inherently void from the beginning. A judicial declaration of nullity is necessary for this.

Evidence Required:

To support an annulment petition, you would need:

Proof of the prior marriage in Israel (e.g., marriage certificate or equivalent document under Israeli law).
Evidence of your husband’s misrepresentation (e.g., false statements in official documents like the CENOMAR).
Your marriage certificate to establish your marital relationship.

4. Criminal Implications: Bigamy and Falsification

Bigamy under the Revised Penal Code is punishable by imprisonment, emphasizing the importance of marital capacity. Additionally, submitting false information to obtain a CENOMAR might constitute falsification of public documents, which carries severe penalties.

5. Steps Forward

Consultation and Investigation: Engage a lawyer to secure evidence of the prior marriage in Israel. Affidavits, certifications, or testimony may be necessary to corroborate the marriage's validity.
Petition for Annulment: File for annulment on the grounds of fraud or psychological incapacity if applicable. Alternatively, pursue a declaration of nullity based on bigamy.
Address the Legitimacy Issue: Clarify the legal status of the children from the prior marriage, ensuring their rights are protected if the first marriage is judicially declared void.

6. Impact on Your Marriage

If your marriage is annulled or declared void:

Your marital status reverts to “single” for civil purposes.
Property and financial issues, including division and support, will be resolved under the Family Code's provisions for void or annulled marriages.

Conclusion

Your case involves complex legal issues that hinge on the validity of the foreign marriage, its registration status, and your husband’s concealment. While Philippine law recognizes foreign marriages, your husband's deliberate misrepresentation about his marital status may render your marriage voidable or void under applicable legal grounds. It is crucial to act swiftly to protect your rights, including consulting legal counsel to pursue an annulment or declaration of nullity while ensuring that the interests of all affected parties, including the children, are addressed.