To: Ms.

Karen Corpuz

From: Legal Counsel

Date: December 1, 2016

Dear Ms. Corpuz,

Thank you for sending us a letter regarding on your question. This legal opinion seeks to
answer your question as to whether or not you can marry Charles William in London despite of
still being married to Bruno Corpuz in the Philippines and whether or not you can file a petition
for declaring nullity of marriage.

In early 2002, you met Bruno Corpuz and instantly you fell in love with each other.
Months later, you are already living together and you got pregnant.

On June 23 2004, you married Mr. Corpuz in a civil ceremony followed by a church
ceremony on October 12, 2004 despite of him physically and mentally hurting you before you
even got married together.

On March 2007, you left the country for work but found out that Mr. Corpuz continued
his infidelity and brought your child in London. You separated on 2008, where you met Charles
William who asked you to marry him.

In the Paragraph 2 Article 26 of the Family Code, It states that:

“Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a
divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her
to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.”

It simple says that a Filipino citizen and an alien spouse can file for a divorce.

“1. There is a valid marriage that has been celebrated between a Filipino citizen and a
foreigner; and

2. A valid divorce is obtained abroad by the alien spouse capacitating him or her to
remarry.” 1

But according to the Supreme Court Decision in were they decided that the Paragraph 2
of Article 26 of the Family Code (E.O. No. 209, as amended by E.O. No. 227), should be
interpreted to allow a Filipino citizen, who has been divorced by a spouse who had acquired
foreign citizenship and remarried, also to remarry. 2

In a supporting case Van Dorn v. Romillo, Jr., it involved a marriage between a Filipino
citizen and an alien. The Court held therein that a divorce decree validly obtained by the alien
spouse is valid in the Philippines, and consequently, the Filipino spouse is capacitated to remarry
under Philippine law. 3

Also in Republic of the Philippines v. Orbecido III, the court decided that at the time of
the celebration of the marriage were Filipino citizens, but later on, one of them
becomes naturalized as a foreign citizen and obtains a divorce decree. The reckoning point is not
the citizenship of the parties at the time of marriage, but their citizenship at the time a valid
divorce is obtained abroad by the alien spouse capacitating the latter to remarry. 4

1
http://www.gov.ph/downloads/1987/07jul/19870706-EO-0209-CCA.pdf
2
http://sc.judiciary.gov.ph/jurisprudence/2005/oct2005/154380.htm
3
http://www.lawphil.net/judjuris/juri1985/oct1985/gr_l68470_1985.html
4
http://jlp-law.com/blog/divorce-annulment-philippines/

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 Taking into consideration the parties, who by the time of celebration of marriage are
Filipino Citizens but later on naturalized for a foreign citizen can obtain a divorce decree by
applying the rule of reason of the paragraph 2, article 26 of the family code.

You cannot use Nullity of Marriage as a ground because in your case, it did not meet to
the requirements for one to apply nullity of marriage. However, you can still marry Charles
William, after you file for a divorce in London.

I appreciate the opportunity to advice you regarding this matter.

Yours truly,

Legal Counsel

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