2016 (Civil Law) Bar Exam Questions: Question 3

[Answer/discuss the question below, or see 2016 bar exam Civil Law Instructions; 2016 Labor Law Questions:   12345678910111213141516171819 and 20; See also 2016 Bar Exam: Information, Discussions, Tips, Questions and Results]

-III-

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 ofthe Family Code. Decide the petition with reasons. (5%)

2 comments

  1. The petition should be granted.

    Under Art. 26 of the Family Code, if the alien spouse validly obtained a divorce abroad, the Filipino spouse is given the liberty to remarry.

    Here, Juliet divorced Romeo when Juliet was already a U.S. citizen which made her an alien in the eyes of the law.

    Thus, Romeo’s petition with prayer to allow him to remarry should be granted.

    Thumb up Thumb down 0

  2. The petition to remarry should be granted.

    Under Art. 26 par 2 of the Family Code as amended, where a marriage between a Filipino citizen and an alien spouse is validly celebrated and validly obtained a divorce by alien spouse in abroad capacitating him or her to remarry, the Filipino spouse shall likewise have the capacity to remarry under the Philippine law.

    Here, Juliet renounced her Filipino citizenship and obtained US citizenship which clearly depicted as alien in the eyes of our law.

    Therefore, by reasons of absurdity and injustice, Romeo’s petition to remarry should be granted.

    Thumb up Thumb down 0

Leave a Reply

Your email address will not be published. Required fields are marked *