Case Digest (G.R. No. 213748)
Facts:
In Republic of the Philippines v. Cipriano Orbecido III, G.R. No. 154380, decided on October 5, 2005, respondent Cipriano Orbecido III, a Filipino citizen, married Lady Myros M. Villanueva, also a Filipino, on May 24, 1981, at the United Church of Christ in the Philippines in Lam-an, Ozamis City. The union produced two children, Kristoffer Simbortriz V. Orbecido and Lady Kimberly V. Orbecido. In 1986, Mrs. Orbecido left for the United States with their son, and later became naturalized as an American citizen. Around 2000, Cipriano learned that his wife had obtained a valid U.S. divorce decree and remarried an American named Innocent Stanley in California. Cipriano then filed a petition for authority to remarry under Paragraph 2 of Article 26 of the Family Code before the Regional Trial Court of Molave, Zamboanga del Sur, Branch 23. Without opposition, the court granted the petition by decision dated May 15, 2002, and denied the Republic’s motion for reconsideration by resolutionCase Digest (G.R. No. 213748)
Facts:
- Original Marriage and Family
- On May 24, 1981, Cipriano Orbecido III (Filipino) married Lady Myros M. Villanueva (Filipino) at the United Church of Christ in the Philippines in Lam-an, Ozamiz City.
- The marriage was blessed with two children: Kristoffer Simbortriz V. Orbecido and Lady Kimberly V. Orbecido.
- Wife’s Naturalization, Divorce and Remarriage
- In 1986, Mrs. Orbecido left for the United States with their son Kristoffer. A few years later she was naturalized as a U.S. citizen.
- Around 2000, respondent learned that his wife had obtained a divorce decree in the U.S. and subsequently married one Innocent Stanley, residing in San Gabriel, California.
- Procedural History
- Respondent filed in the Regional Trial Court (RTC) of Molave, Zamboanga del Sur, Branch 23, a petition for authority to remarry under Paragraph 2, Article 26 of the Family Code; no opposition was filed. The RTC granted the petition.
- The Office of the Solicitor General (OSG) moved for reconsideration, which was denied. Thereafter, the Republic of the Philippines filed a petition for review before the Supreme Court.
Issues:
- Whether Paragraph 2, Article 26 of the Family Code applies to a marriage between two Filipinos when one spouse later naturalizes as a foreign citizen and obtains a valid foreign divorce capacitating remarriage.
- Whether, instead of invoking Article 26, the proper remedy for the Filipino spouse is to seek annulment or legal separation.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)