Marvin, a Filipino, and Shelley, an American, both residents of California, decided to get married in their local parish. Two years after their marriage, Shelley obtained a divorce in California. While in Boracay, Marvin met Manel, a Filipina, who was vacationing there.
Marvin fell in love with her. After a brief courtship and complying with all the requirements, they got married in Hongkong to avoid publicity, it being Marvin’s second marriage. Is his marriage to Manel valid? Explain. 5%
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1 comment:
VII.
Marvin’s second marriage is valid as he was already capacitated to marry. Under the Family Code, where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is therefore validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewise have the capacity to remarry under Philippine law.
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