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All ▸ Bar 2024 ▸ CIVIL LAW ▸ III. PERSONS AND FAMILY RELATIONS ▸ G. Mixed Marriages (Family Code, Art. 26)

Question

III. PERSONS AND FAMILY RELATIONS
Topic: G. Mixed Marriages (Family Code, Art. 26)

1. Maria, a Filipino citizen, entered into a valid marriage with David, a foreign citizen. They lived together in the Philippines for several years and had two children. However, due to irreconcilable differences, they decided to separate and file for divorce in David's home country. The divorce was granted by the foreign court and David remarried a foreign citizen. Maria, on the other hand, wants to remarry in the Philippines.

Given the scenario, discuss the following:

  1. Can Maria remarry in the Philippines despite the divorce granted by the foreign court? Explain the applicability of Article 26 of the Family Code.
  2. What are the requirements for Maria to avail herself of the benefits of Article 26? Discuss.


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Bar Review Question: III. PERSONS AND FAMILY RELATIONS Topic: G. Mixed Marriages (Family Code, Art. 26) 1. Maria, a Fil