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Torres-Castro, lee & reno

Unit 700 Strata 2000, Ortigas Center, Pasig City 8009945;

December 6, 2010 Zachary Santiago 1505 10th Street Santa Monica, CA 90401 USA Sir, This refers to your request for opinion on the matter of the legality of your divorce and subsequent marriage celebrated in the United States. Including its consequences and ramifications The client Zachary Santiago, a Filipino, got married to Elizabeth Santiago, who is also a Filipino, in the Philippines on November 2001. Mr. Santiago went to the United States to fulfill his American dream, leaving his wife in the Philippines. After 6 years working abroad, he was granted an American citizenship and became a naturalized citizen of the United States. He therein filed for a divorce from his marriage to Elizabeth Santiago and was then granted by the Family Court of California. The general rule in this jurisdiction is that absolute divorce between two citizens of the Philippines is not recognized. The law is clear that divorce obtained by a Filipino citizen is against Public Policy. Based on these facts, we render the following opinion: 1. That the Philippines in adherence to international comity recognizes divorces obtained by foreigners abroad capacitating him to re-marry, so long as they are according to their national law, as stated in paragraph two, Article 26, the Family Code of the Philippines. 2. That a Filipino spouse who acquires a foreign citizenship and files a divorce thereafter, such divorce is recognized here in the Philippines because of the adherence of the Philippine law to the nationality principle. 3. That at the time Mr. Santiago filed for divorce on his marriage to Elizabeth Santiago he was already an American citizen having acquired American citizenship through naturalization. Thus, from that moment the laws of the United States govern his status and

legal capacity, making the divorce decree he obtain valid and binding to him and makes him eligible to re-marry. This find support under the nationality principle, the Philippines recognizes such divorce as valid and thus rendering Mr. Santiago to have the capacity. For your consideration.