472 SCRA 114, GR NO. 154380, October 5, 2005 [Article 26;Divorce]
FACTS:
Orbecido and Villanueva were married ad had two children. Wife went to US to work and later became a US citizen. Thereafter he learned from his son that his wife obtained divorce and married another man. Orbecido filed a petition for authority to remarry under the Article 26 (2) of the Family Code. RTC Zamboanga del Sur granted his petition. The SolGen's motion for reconsideration was denied. Orbecido filed a petition for review of certiorari on the Decision of the RTC.
ISSUE:
Whether or not Orbecido can remarry under Article 26 (2).
RULING:
Yes. Article 26 Par.2 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 were a foreigner at the time of the solemnization of the marriage.
The reckoning point is not their citizenship at the time of celebration of marriage, but their citizenship at the time the divorce decree is obtained abroad by alien spouse capacitating him/her to remarry.
However, Orbecido is barred from remarrying because he did not present competent evidence showing his wife had obtained a divorce decree and had remarried.
