Recognition of foreign divorce in Philippine courts ( 2)

Last Thursday, we mentioned the first 2 steps needed for the recognition of foreign divorce in Philippine courts. These 2 steps included: Step 1. Consultation between Client and Lawyer which may cost P3000 and may take a week. Step 2. Formal signing of the contract; Client receives a signed copy of contract; lawyer prepares the petition, will consult with client while the draft is being finalized; Lawyer files the petition in the appropriate court. (The one year average timeframe begins from this point). Step 2 may take 1-2 months (depending on availability of documents and communication between lawyer and client. This stage may cost P40,000 (P37,000 with the deduction of consultation fee). The rest of the 8 steps are mentioned below. Again, we would like to remind our readers about the caution noted by lawyer Michelle Africa that the information provided here are "merely instructive and laid down for the client's guidance and that actual procedure, and fees may vary, as cases may be subject to different circumstances."

We hope, however, that this initial guideline can inform those concerned about the estimated costs, procedures, and time period involved in the application for the recognition of foreign divorce in Philippine courts. The rest of the steps are as follows: Step 3. Case is raffled to the appropriate branch Court that will order the publication of the petition in a newspaper Court will issue a notice setting the date of first hearing. Copies will be served to involved agencies (Civil Registrar, PSA, City Prosecutor, Office of Solicitor General, any registered oppositor). This stage may take a month.

Step 4 TRIAL PROPER. First hearing (will require attendance of client or his/her representative). This step will involve proving that all formal requirements for the case have been completed (publication, service, etcetera) and drafting of judicial affidavits, preparation of witnesses for testimony (client/petitioner, officers who certified authenticity of documents, etcetera).

Hearing schedule depends mostly on the court calendar. It is possible that the hearing can be scheduled once every month. An average of 3-4 hearings can be expected and may take from 3-5 months.

Appearance fee rates can range from P3,000 if in Metro Manila to P10,000 if outside of Manila.

Step 5. After all hearings are concluded and all documents presented are formally submitted, the case shall be submitted for resolution. This may take 3-6 months. Metro Manila courts would have a heavier caseload and will affect the length of time until decision is issued.

Step 6. Once the decision is issued, Lawyer will request that all court documents (decision, certificate of finality) be issued and certified and registered with Civil Registrar (Certificate of Registration, Certificate of Authenticity will be issued). Then, the Record of Marriage Certificate with Civil Registrar will be annotated. All documents obtained by the lawyer will be forwarded/ endorsed to the NSO/PSA for recording. This step may take about 1-2 months. This is a requirement before the NSO/PSA requirements.

Step 7. Request NSO to issue marriage certificate and Advisory of Marriage with annotation of judicial recognition of foreign divorce which may take about a month.

Step 8. Bring to DFA documents for authentication (red ribbon). The rest of the documents (Philippine Court Order NSO/PSA Marriage Certificate (with annotation) NSO/PSA Advisory of Marriages (with annotation) will be sent by courier or post (fees shall depend on weight, choice of courier/postal service). This step will take about a week. Authentication services at the DFA (P1,500 per document) and the lawyer may send all documents by courier or post upon client's request mail.

Based on the above information, all the steps may take, give or take, from about 11 months and 2 weeks to 17 months and 2 weeks based on the above information. The costs may also range from about P123,500 to P156,500 but the costs may be less or more, may vary, depending on documents needed, schedules of court hearings, etcetera. The clients, however, can request their lawyer to inform them about what documents are needed and the costs, including the number of court hearings. They can use the above guidelines for payment transactions.

The schedule and number of court hearings will also affect the time and costs to be incurred. Is it too much to ask the Supreme Court to review court cases involving overseas Filipinos and study how best to assist them by ensuring the swift resolution of their court applications or if possible, by imposing clear time limit for the hearings from hereon?

The various concerned government agencies, local and national, may also wish to improve the processing and release of required documents to fasttrack and lessen the time and costs involved for our citizens?

Migrant-related offices and agencies may also wish to monitor lawyers and brokers and insist on transparent transactions between them and their overseas Filipino clients? They may also wish to make the guideline shared by lawyer Michelle Africa available for the information and better protection of our overseas Filipinos? May we also ask our readers to share and forward to interested Filipinos this guideline related to the recognition of foreign divorce in Philippine courts?