Myline Cordial

Republic of the Philippines vs. Cipriano Orbecido III
G.R. No. 154380, October 5, 2005

FACTS:
Two Filipino citizens had a valid marriage solemnized in the Philippines. The wife later acquired U.S. citizenship, obtained a divorce decree and remarried while in the USA. Respondent former-husband filed a petition for authority to remarry.

ISSUE:
Whether or not respondent can remarry.

RULING:
Yes. The Court held that Article 26 (2) of the Family Code should be interpreted to allow a Filipino citizen, who has been divorced by a spouse who had acquired foreign citizenship and remarried, also to remarry. However, the one who alleges the naturalization and divorce obtained by the other spouse must prove the divorce as a fact and demonstrate its conformity to the foreign law allowing it. Such foreign law must also be proved as our courts cannot take judicial notice of foreign law.