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Philippine Bar review · Question

Practice question: Mixed Marriages and Foreign Divorce

Multiple Choice Hard

Practice question

Both spouses were Filipino when a foreign divorce was obtained. One naturalizes only afterward and invokes Orbecido as if the later citizenship change automatically operated retroactively. No other applicable exception is established. Which is best?
  1. Orbecido’s reckoning point is divorce-time citizenship; later naturalization does not itself establish that requirement retroactively
  2. Later naturalization automatically validates every earlier divorce
  3. The date of citizenship never matters
  4. Only the recognition judge’s nationality matters
  5. A later passport changes all earlier facts

Legal references

  • 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
  • EO227, Article 26 amendment: https://lawphil.net/executive/execord/eo1987/eo_227_1987.html

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