Monday, October 3, 2016

Republic of the Philippines vs. Cipriano Orbecido III

G.R. No. 154380, October 5, 2005

Cipriano Orbecido married Lady Myros Villanueva.  Their marriage was blessed with 2 children.
Lady left for the US bringing along one of their children.  A few years later,Cipriano discovered that his wife has been naturalized as an American citizen.  Cipriano learned that his wife had obtained a divorce decree and then remarried.  Cipriano then filed a petition for authority to remarry invoking Art. 26 (2) FC.

ISSUE: WON respondent can remarry under Art. 26, FC?

HELD:  The SC affirm the contention of the OSG that Art. 26 (2), FC, is not applicable because it only applies to a valid mixed marriage; that is, a marriage celebrated between a Filipino citizen and an alien.  The proper remedy according to the OSG, is to file a petition for annulment or for legal separation.

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