GR 154380, October 5, 2005

Republic

Vs.

Orbecido III,

Facts:

On May 24, 1981, Cipriano Orbecido III wed Lady Myros M. Villanueva at the Lam-an, Ozamis City,
United Church of Christ in the Philippines. Kristoffer Simbortriz V. Orbecido and Lady Kimberly V.
Orbecido, their children, were a blessing. In 1986, Lady Myros and their son Kristoffer emigrated to the
United States. After a few years, Cipriano learned that his wife had become an American citizen through
naturalization. Manuel Cipriano Orbecido appealed to the Republic of the Philippines' Family Court (RTC)
for permission to get married again after learning that his wife had divorced him and remarried in the
United States. The RTC turned down his petition for review of certiorari, but he has now succeeded in
having it reconsidered.

Issue:

Whether or not respondent Orbecido can remarry under Article 26 of the Family Code.

Held:

Yes. A Filipino citizen who has been divorced by a spouse who has earned citizenship and remarried may
also remarry under Philippine law, according to the majority ruling of the Court that Article 26,
paragraph 2, of the Family Code should be read. In this case, the parties were Filipino citizens when the
marriage was solemnized, but after naturalization, the wife became an American citizen, and
subsequently received a divorce. As if the other partner were a foreigner at the time of the marriage,
the Filipino spouse should also be permitted to remarry.