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Ninal vs Bayadog DIGEST
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republic vs dayot
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REPUBLIC VS ORBECIDO G.R. No. 154380 October 5, 2005
FACTS: In 1981, 1981, Cipri Cipriano ano Orbeci Orbecido do III married married Lady Lady Myro Myro Villan Villanuev uevaa in Lam Ozamis City. In 1986, 1986, Orbec Orbecid ido o disc discov over ered ed that that his his wife wife had had had been been natur natural aliz ized ed as American citizen. Sometime in 2000, Orbecido learned from his son that his wife had obtained divorce decree and married an American. Orbec Orbecid ido o file filed d with with the the Tria Triall Cour Courtt a peti petiti tion on for for “Aut “Autho hori rity ty to Rema Rema invoking Article 26 Paragraph 2 of the Family Code, the Court granted the petition. The Republ Republic, ic, herein herein petiti petitioner oner,, through through the Offic Officee of the Solici Solicitor tor Gen sought for reconsideration but it was denied by the Trial Court.
ISSUE: Whether or not the allegations of the respondent was proven as a fact accordin to the rules of evidence.
HELD: Before a foreign divorce decree can be recognized by our own courts, the part
pleading it must prove the divorce as a fact and demonstrate its conformity to the foreig law allowing it. Such foreign law must also be proved as our courts cannot take judici notice of foreign laws. Like any other fact, such laws must be alleged and prove Furthermore, respondent must also show that the divorce decree allows his former wife remarry as specifically required in Article 26. Otherwise, there would be no evidenc sufficient to declare that he is capacitated to enter into another marriage.
However, in the present petition there is no sufficient evidence submitted and o record, we are unable to declare, based on respondent’s bare allegations thathis wif Sign up to vote on this title who was naturalized as an American citizen, had obtained a divorce decree and ha Useful Not useful remarried an American, that respondent is now capacitated to remarry. Such declaratio could only be made properly upon respondent’s submission of the aforecited evidence his favor.
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Ninal vs Bayadog DIGEST
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Download
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of 2
republic vs dayot
Family Code Case Digests
Search document
REPUBLIC VS ORBECIDO G.R. No. 154380 October 5, 2005
FACTS: In 1981, 1981, Cipri Cipriano ano Orbeci Orbecido do III married married Lady Lady Myro Myro Villan Villanuev uevaa in Lam Ozamis City. In 1986, 1986, Orbec Orbecid ido o disc discov over ered ed that that his his wife wife had had had been been natur natural aliz ized ed as American citizen. Sometime in 2000, Orbecido learned from his son that his wife had obtained divorce decree and married an American. Orbec Orbecid ido o file filed d with with the the Tria Triall Cour Courtt a peti petiti tion on for for “Aut “Autho hori rity ty to Rema Rema invoking Article 26 Paragraph 2 of the Family Code, the Court granted the petition. The Republ Republic, ic, herein herein petiti petitioner oner,, through through the Offic Officee of the Solici Solicitor tor Gen sought for reconsideration but it was denied by the Trial Court.
ISSUE: Whether or not the allegations of the respondent was proven as a fact accordin to the rules of evidence.
HELD: In the present petition there is no sufficient evidence submitted and o
record, we are unable to declare, based on respondent’s bare allegations that his wif who was naturalized as an American citizen, had obtained a divorce decree and ha remarried an American, that respondent is now capacitated to remarry. Such declaratio could only be made properly upon respondent’s submission of the aforecited evidence his 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 th Regional Trial Court of Molave, Zamboanga del Sur, Sign Branch hthis ereby up to23, voteare on hereby title SET ASIDE
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