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.
Showing posts with label g.r. no. 154380. Show all posts
Showing posts with label g.r. no. 154380. Show all posts
Monday, October 3, 2016
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