Saturday, March 22, 2014

Republic v. Orbecido III, G.R. No. 154380, October 5, 2005

FACTS: Orbecido married Villanueva in the Philippines and had two children. Villanueva, wife, left for the US, was naturalized and eventually remarried. Orbecido petitioned for authority to remarry using Par. 2 of Article 26, FC. OSG appealed arguing that the provision only applies to valid mixed marriages between Filipinos and aliens; that the remedy is annulment or legal separation; and that there is no law that governs respondent‘s situation.

ISSUE: W/N Obrecido is can remarry


HELD: The Filipino spouse should likewise be allowed to remarry as if the other party were a foreigner at the time of the solemnization of the marriage. To rule otherwise would be to sanction absurdity and injustice. The reckoning point in the provision is not the citizenship of the parties at the time of the celebration of the marriage, but their citizenship at the time a valid divorce is obtained abroad by the alien spouse capacitating the latter to remarry.

No comments:

Post a Comment