Philippine Bar review · Question

Practice question: Mixed Marriages and Foreign Divorce

Multiple Choice Medium

Practice question

Two Filipinos validly marry. One later becomes a foreign citizen and then obtains a qualifying foreign divorce. All recognition requirements are proved. Is relief categorically excluded because both were Filipino at the wedding?
  1. Yes, marriage-date nationality is always conclusive
  2. Yes, naturalization is irrelevant
  3. Yes, only marriages abroad qualify
  4. No; Orbecido includes that situation and looks to citizenship when the divorce was obtained
  5. No proof of naturalization is ever needed

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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