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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSG. Mixed Marriages (Family Code, Art. 26)

Question

Family Code, Art. 26 - Mixed Marriages

Alex and Maria, a Filipino couple, got married in 2010. Five years into their marriage, they encountered irreconcilable differences and decided to file for annulment. After a lengthy legal process, their marriage was declared null and void in 2017 due to a lack of the essential requisite of psychological capacity to enter into marriage on Maria's part.

In 2018, Alex met and fell in love with Sofia, a foreign national from Canada. They wish to get married in the Philippines and start a family together. However, they discovered that because of the Philippine law declaring Alex's previous marriage with Maria null and void, his capacity to remarry is in question.

Can Alex and Sofia get married in the Philippines considering the circumstances of Alex's previous marriage being declared null and void due to Maria's psychological incapacity? Discuss the legal implications and remedies, if any, under the provision of G. Mixed Marriages (Family Code, Art. 26).




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Bar Review Question: Family Code, Art. 26 - Mixed Marriages Alex and Maria, a Filipino couple, got married in 2010. Fiv