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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