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

Question

III. PERSONS AND FAMILY RELATIONS

G. Mixed Marriages (Family Code, Art. 26)

QUESTION:

Abigail, a Filipino citizen, married Brian, a Canadian citizen, in Canada. After a few years of marriage, Abigail discovered that Brian was already legally married to another woman in Canada before their marriage. Abigail wants to annul their marriage in the Philippines and have her marital status declared as single. Brian opposes the annulment, arguing that their marriage is valid under Canadian law.

In this scenario, answer the following:

  1. Based on Philippine law, can Abigail seek the annulment of their marriage? Explain your answer.
  2. What is the effect of Article 26 of the Family Code on the validity of mixed marriages? Discuss.



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