Given the validity and efficacy of divorce secured by Rebecca the same shall be

Given the validity and efficacy of divorce secured by

This preview shows page 21 - 23 out of 51 pages.

Given the validity and efficacy of divorce secured by Rebecca, the same shall be given a res judicata effect in this jurisdiction. As an obvious result of the divorce decree obtained, the marital vinculum between Rebecca and Vicente is considered severed; they are both freed from the bond of matrimony. In plain language, Vicente and Rebecca are no longer husband and wife to each other. Consequent to the dissolution of the marriage, Vicente could no longer be subject to a husband's obligation under the Civil Code. He cannot, for instance, be obliged to live with, observe respect and fidelity, and render support to Rebecca. In Republic v. Orbecido III , we spelled out the twin elements for the applicability of the second paragraph of Art. 26, thus: x x x [W]e state the twin elements for the application of Paragraph 2 of Article 26 as follows: 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. The reckoning point is not the citizenship of the parties at the time of the celebration of the marriage, but their citizenship at the time a valid divorce is obtained abroad by the alien spouse capacitating the latter to remarry. The petitioner lacks a cause of action for declaration of nullity of marriage, a suit which presupposes the existence of a marriage. With the valid foreign divorce secured by Rebecca, there is no more marital tie binding her to Vicente. There is in fine no more marriage to be dissolved or nullified. Remo v. Secretary of Foreign Affairs Facts: Maria Virginia V. Remo is a married Filipino citizen whose Philippine passport was expiring. Her passport stated her name as “Maria Virginia Remo Rallonza” (her given name, middle name, and husband’s last name). Remo, whose marriage still subsists, applied for the renewal of her passport with the Department of Foreign Affairs (DFA) with a request to revert to her maiden name and surname in the replacement passport. Page 21 of 51
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CIVREV DIGESTS – MIDTERMS (DEAN DEL CASTILLO) This was denied by the DFA on the ground that the use of one’s maiden name is allowed in passport applications only if the married name has not been used in previous application. The Implementing Rules and Regulations for Philippine Passport Act of 1996 (RA 8239) clearly define the conditions when a woman applicant may revert to her maiden name, that is, only in cases of annulment of marriage, divorce and death of the husband. Remo contends that Art. 370 of the Civil Code states that the use of a husband’s surname is permissive and thus she should be able to use her maiden name in her passport. The Office of the President, then the CA, however did not agree with her.
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