| Front | ) Cipriano and Lady Mires married each other. Lady Mires then left for the US and there, she obtained American citizenship. Cipriano later learned all about this including the fact that Lady Mires had divorced him in America and that she had remarried there. He then filed a petition for authority to remarry, invoking Par. 2, Art. 26 of the Family Code. Is Cipriano capacitated to re-marry by virtue of the divorce decree obtained by his Filipino spouse who was later naturalized as an American citizen? Explain. (5%) |
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| Back | SUGGESTED ANSWER: Yes, he is capacitated to re-marry. While the second paragraph of Article 26 of the Family Code is applicable only to a Filipino who married a foreigner at the time of the marriage, the Supreme Court ruled in the case of Republic v. Orbecido, GRN 154380, October 5, 2005, that the said provision equally applies to a Filipino who married another Filipino, at the time of the marriage, but who was already a foreigner when the divorce was obtained. |
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