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.
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