Marriage; Divorce Decrees; Filipino Spouses becoming Alien (1999)

Ben and Eva were both Filipino citizens at the time of their marriage in 1967, When
their marriage turned sour, Ben went to a small country in Europe, got himself
naturalized there, and then divorced Eva in accordance with the law of that
country, Later, he returned to the Philippines with his new wife. Eva now wants to
know what action or actions she can file against Ben. She also wants to know if she
can likewise marry again. What advice can you give her? {5%)
SUGGESTED ANSWER:
Considering that Art. 26(2nd par.) contemplates a divorce between a foreigner and a
Filipino, who had such respective nationalities at the time of their marriage, the
divorce in Europe will not capacitate the Filipino wife to remarry. The advice we
can give her is either to file a petition for legal separation, on the ground of
sexual infidelity and of contracting a bigamous marriage abroad, or to file a
petition to dissolve the conjugal partnership or absolute community of property as
the case maybe.