Philippine Bar review · Question

Practice question: Mixed Marriages and Foreign Divorce

Multiple Choice Hard

Practice question

An alien spouse has legal interest to petition for recognition under Corpuz but supplies no competent proof of the material citizenship change on which the asserted Article 26 framework depends. He argues standing alone proves entitlement. Which is correct?
  1. Standing proves every fact
  2. Legal interest to bring the case is distinct from proving the facts and legal requirements for recognition
  3. The court must presume every citizenship allegation
  4. Recognition never needs evidence
  5. Only the opposing spouse bears any burden

Legal references

  • Corpuz v. Sto. Tomas, G.R. No.186571, August 11, 2010, main decision, legal interest and recognition: https://lawphil.net/judjuris/juri2010/aug2010/gr_186571_2010.html
  • Republic v. Orbecido III, G.R. No.154380, October 5, 2005, main decision, citizenship when divorce obtained: https://lawphil.net/judjuris/juri2005/oct2005/gr_154380_2005.html

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