Romeo and Juliet, both Filipinos, got married. After a few years, Juliet got word from her mother that she can go to the United States for naturalization. Juliet promised she will be back the moment she becomes an American. After sometime, Romeo learned from a friend that Juliet already became a U.S. citizen and even divorced him to marry a wealthy American businessman. Romeo filed a petition before the Regional Trial Court praying that an order be issued authorizing him to remarry pursuant to Article 26 of the Family Code. Decide the petition with reasons. (5%)
Suggested answer only. Not an official answer and not legal advice.
The petition should be granted provided the foreign divorce decree and US law are judicially proven.
Under Article 26(2) of the Family Code and Republic v. Orbecido III, when a Filipino spouse becomes naturalized as a foreign citizen and obtains a valid foreign divorce, the remaining Filipino spouse is capacitated to remarry. The reckoning point is the spouse's foreign citizenship when obtaining the divorce, not at marriage.
Here, Juliet became a US citizen before obtaining a divorce that capacitated her to remarry. Thus, Article 26(2) applies to free Romeo from the marital tie once the foreign decree and law are proven.
Therefore, the RTC should grant Romeo's petition for authority to remarry.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
Under Article 26(2) of the Family Code, what is the effect of a valid foreign divorce obtained by a naturalized foreign spouse?
Article 26(2) capacitates the Filipino spouse to remarry once a valid foreign divorce obtained by the alien spouse is recognized.
According to Republic v. Orbecido III, what is the reckoning point for determining citizenship under Article 26(2) of the Family Code?
Orbecido establishes that the reckoning point is the spouse's citizenship at the time the foreign divorce is obtained.
How must a foreign divorce decree and the foreign law of the naturalized spouse be established in Philippine courts?
Foreign divorce decrees and foreign laws must be proved as facts in court under Philippine evidentiary rules.
Why is Romeo's petition to remarry under Article 26(2) of the Family Code meritorious regarding Juliet's divorce?
Juliet was a naturalized US citizen when obtaining the divorce, fulfilling Article 26(2) requirements upon proof.
What is required before Romeo can validly contract a subsequent marriage in the Philippines following Juliet's foreign divorce?
Judicial recognition of the foreign divorce decree in a Philippine court is required before the Filipino spouse can remarry.
Learn more about these topics
1. Foreign Divorce Recognition
Under Article 26, paragraph 2 of the Family Code, where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine law. In Republic v. Orbecido III, the Supreme Court clarified that this rule applies even if both spouses were original Filipino citizens at the time of marriage, provided that one spouse subsequently becomes naturalized as a foreign citizen before obtaining the foreign divorce decree.
2. Foreign Law Proof
Under Philippine rules of evidence and settled civil law jurisprudence, Philippine courts do not take judicial notice of foreign laws and foreign divorce decrees. A foreign divorce decree and the governing national law of the alien spouse must be alleged and proved as facts in court. The foreign decree must be authenticated and presented alongside official publication or certified copies of the foreign law capacitating the naturalized spouse to remarry. Without proper judicial recognition and proof, the foreign divorce cannot be given effect to allow the Filipino spouse to remarry.
3. Reckoning Point Determination
The reckoning point for determining the applicability of Article 26, paragraph 2 of the Family Code is the citizenship of the spouses at the exact time the foreign divorce decree is obtained, rather than their citizenship at the time of marriage celebration. If a Filipino spouse acquires foreign citizenship through naturalization prior to securing a divorce abroad, she is legally considered an alien at the time of the divorce. Consequently, the Filipino spouse remaining in the Philippines is freed from the marital bond once the foreign decree is judicially recognized.