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Republic v. Orbecido III 472 SCRA 114 (2005)

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barrister

barrister
Reclusion Perpetua

The intent of Paragraph 2 of Article 26 is to avoid the absurd situation where the Filipino spouse remains married to the alien spouse who, after obtaining a divorce, is no longer married to the Filipino spouse. Thus, taking into consideration the legislative intent, Paragraph 2 of Article 26 should be interpreted to include cases involving parties who, at the time of the celebration of the marriage, were Filipino citizens but, later on, one of them becomes naturalized as a foreign citizen and obtains a divorce decree. The Filipino spouse should likewise be allowed to remarry as if the other party was a foreigner at
the time of the solemnization of the marriage. To rule otherwise would be to sanction absurdity and injustice. m16

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