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DIGEST 06 - Republic vs Orbecido

DIGEST 06 - Republic vs Orbecido

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Published by: ducati99d3 on Mar 23, 2010
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REPUBLIC VS ORBECIDOG.R. No. 154380October 5, 2005
In 1981, Cipriano Orbecido III married Lady Myro Villanueva in Lam-an,Ozamis City.In 1986, Orbecido discovered that his wife had had been naturalized as anAmerican citizen.Sometime in 2000, Orbecido learned from his son that his wife had obtained adivorce decree and married an American.Orbecido filed with the Trial Court a petition for “Authority to Remarry”invoking Article 26 Paragraph 2 of the Family Code, the Court granted the petition.The Republic, herein petitioner, through the Office of the Solicitor General,sought for reconsideration but it was denied by the Trial Court.
Whether or not the allegations of the respondent was proven as a fact accordingto the rules of evidence.
Before a foreign divorce decree can be recognized by our own courts, the party pleading it must prove the divorce as a fact and demonstrate its conformity to the foreignlaw allowing it. Such foreign law must also be proved as our courts cannot take judicialnotice of foreign laws. Like any other fact, such laws must be alleged and proved.Furthermore, respondent must also show that the divorce decree allows his former wife toremarry as specifically required in Article 26. Otherwise, there would be no evidencesufficient to declare that he is capacitated to enter into another marriage.However, in the present petition there is no sufficient evidence submitted and onrecord, we are unable to declare, based on respondent’s bare allegations that his wife,who was naturalized as an American citizen, had obtained a divorce decree and hadremarried an American, that respondent is now capacitated to remarry. Such declarationcould only be made properly upon respondent’s submission of the aforecited evidence inhis favor.ACCORDINGLY, the petition by the Republic of the Philippines is GRANTED.The assailed Decision dated May 15, 2002, and Resolution dated July 4, 2002, of theRegional Trial Court of Molave, Zamboanga del Sur, Branch 23, are hereby SET ASIDE.(Long version – Dito may explanation yung rulling)

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