Republic vs Orbecido ( page 90) GR. No.

154380, October 5, 2005

Facts:

Respondent Orbecido married Myros Villanueva in the Philippines. His wife left for the US with their son.
A few years later he discovered that his wife had been naturalized as an American Citizen. Thereafter,
Cipriano learned from his son that his wife had obtained a divorce decree. Petitioner then filed with the
trial court a petition for authority to remarry invoking Paragraph 2 of article 26 of the Family Code. The
court granted the same. Subsequently, the OSG file a petition and contended that the said article of the
Family Code is not applicable since it only applies to a valid mixed marriage celebrated between a
Filipino and an alien.

Issue: Whether or not par. 2 of article 26 of the Family Code applies only to marriage between a Filipino
citizen and a foreigner.

Held:

NO. The court ruled that the said article 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.