S.A 2020/21 B.E CIVIL LAW | Question #10
SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN CIVIL LAW | Question #10
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A Japanese national was able to obtain a divorce decree concerning his marriage with his Filipino wife. The decree capacitated the Japanese national to remarry.
Can the Filipino wife now avail of Article 26 of the Family Code and then remarry? Explain briefly.
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SUGGESTED ANSWER:
Yes, the Filipino wife may avail of Article 26 because in a mixed marriage, once a valid divorce obtained abroad capacitates the alien spouse to remarry, the Filipino spouse shall likewise have the capacity to remarry under Philippine law.
The Filipino spouse must, however, have the foreign divorce decree judicially recognized before Philippine courts. This is based on the rule that our courts do not take judicial notice of foreign judgments and laws (Sakai v. Republic G.R. No. 224015 July 23, 2018).
Code: S.A 2020/21 B.E CIVIL LAW | Question #10
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