For Legal Memorandum

RESWRI LO1 and LO2

Your client, Marlon Reyes, went to your office to seek for legal advice and
presented to you his situation.

He is 50 years old, a Filipino citizen, and is now presently working in

Australia. He is married to Marissa Nava-Reyes, 49, Canadian citizen and is now
residing in Canada together with their 3 children namely: Marco, 25, Regina, 23
and Carlo, 21.

Marlon confided to you that he wanted to have his marriage ties with
Marissa severed and told you that while both of them were still Filipino citizens,
they obtained divorce under Canadian laws capacitating both of them to remarry.

During your conversation with Marlon, he narrated to you their dating story
as well as their married life, to wit:

Both of them were introduced by mutual friends during the birthday of

Marlon’s officemate and Marissa’s cousin in 1993 . Marlon asked for Marissa’s
address and the two of them became pen pals. They would meet twice a month to
see each other and soon their friendship blossomed until they became lovers in
three months. Because Marissa got pregnant in the fourth month of their
relationship, Marlon had to marry her to appease her parents and to prove that
he is a responsible man and father. After 2 months, they got married in San
Sebastian Cathedral, Bacolod City, without them knowing that the priest who
solemnnized their marriage had an expired CRASM (Certificate of Registration of
Authority to Solemnize Marriage). Six months into their married life, Marlon had
to work in Cebu as he was assigned by the company to supervise the ongoing
construction of their newest project. Clarissa, pregnant, was left in Iloilo living in
her parents’ home and working as a public-school teacher.

In 1995, Marlon was transferred to Saudi Arabia for promotion and he asked
Marissa to focus on their child and to give up her profession since Marlon’s
income was more than enough for the family’s needs and sustenance. So, Marissa
did. They also rented out a house to start living on their own. After a year, Marlon
found out that Marissa was leaving their son to the nanny so she could play
mahjong all day at their neighbor’s. Marlon went home to confront Marissa and
the latter promised to quit playing Mahjong.

Things went on fine for a year and 2 years thereafter, Marlon received a
letter from his Aunt that Marissa’s and Marlon’s landlord is threatening to evict
their family from his property since Marissa had not paid their rent for 6 months.
Marlon again went home and paid in full Marissa’s indebtedness from rentals to
her personal loans. Despite the sufficient provision for his family’s needs, Marissa
still incurred various loans alld amounting to P1 Million. Marlon confronted
Marissa about the issue and Marissa admitted that she went back to playing
mahjong. She also confessed that during her mahjong sessions from 8 am to
9pm, the nanny took charge of taking care of the kids- from preparing their
breakfast to putting them to sleep. Marissa relieved herself of her parental
responsibilities because she wants to enjoy her youth as Marlon does. They had a
huge fight where Marissa got hold of a knife and brandished it at Marlon. Marlon
left their conjugal dwelling for safety.

Because Marlon wanted to be with his children and desired a fresh start for
their family, he brought his family to Canada in 2003. He worked while Marissa
took care of the kids. Some time later in 2004, Marissa started again her
gambling vices. Marlon who was working during office hours was still the one
who cooked their food and washed the dishes when he arrives home. They fought
almost every day until such time that Marissa asked for divorce. So they did.
Thereafter, Marlon went to Australia for work while Marissa stayed in Canada
together with their children.

In 2016, Marlon rekindled an old love with Charity Vega, his high school
sweetheart. After 2 years of being together, Marlon longed to be with Charity in
marriage. Charity is wedded to Mark who is a member of the Philippine Army. In
2008, Mark was assigned in Mindanao where insurgency was rampant. One
night, Charity received a message from Mark that their battalion was detailed to
complete Operation Ligpit. His last message was, “Mahal, always remember that
I love you.” No matter where my duty for this country will take me, do not forget
that I will come home to you.” After that instant, she never heard from Mark
again. There was no news of his whereabouts anymore.

Now Marlon presents to you the following questions, to wit:

1. Under Philippine laws, will his divorce with Marissa be recognized in the
Philippines? Cite your legal bases.

2. If the answer is in the negative, what remedy under the law must he avail
to have his marriage with Marissa severed and on what ground?

3. Will Charity be able to marry Marlon if Marlon does not suffer any legal
impediment?

Formulate a legal memorandum following the Efficient Use of Paper Rule to

answer Marlon’s queries and to provide advice on Marlon’s legal issues.

-mpm-

Dbx/uno-r/reswri