[Solved] A & B are Filipinos. They migrated to the USA where A embraced American citizenship. A obtained a divorce decree in the USA. Can B get married again?

Q.	A & B are Filipinos. They migrated to the USA where A embraced American citizenship. A obtained a divorce decree in the USA. Can B get married again?
A.	No, because the marriage was not originally a mixed marriage.
B.	Yes, because if there is a mixed marriage, even if mixed after its celebration and a divorce decree is obtained by the foreigner, in accordance with his/her national law, capacitating him/her to remarry under his national law, the Filipino can remarry.
C.	Yes, because A can get married again under his national law.
D.	Yes, because otherwise, it would be an injustice to B.
Answer» B. Yes, because if there is a mixed marriage, even if mixed after its celebration and a divorce decree is obtained by the foreigner, in accordance with his/her national law, capacitating him/her to remarry under his national law, the Filipino can remarry.

2.1k

Do you find this helpful?

View all MCQs in

Philippines Civil Law Society

Discussion

No comments yet

Related MCQs

A and B both Filipinos, are married. They bought a property but not covered by a title. They migrated to the USA and became American citizens. When they came back for vacation, they filed a petition for registration of the land. Will the petition prosper?
X is a naturalized Filipino. In 1990, he migrated to the USA and embraced American citizenship. In 2010, he returned to the Philippines and asks you whether he can own a residential lot in Manila. What is your advice?
A, an American citizen married B, a Filipina in the Philippines. A obtained a decree of divorce against B capacitating him to remarry under USA law. Can B remarry?
A and B both Filipinos are married, but at the time of the marriage, B was 16 years old. The marriage was celebrated in Hongkong and valid there as such. A wants to get married again and came to you for advice. Give your advice to A.
A, a Russian citizen married B, a Filipina. A divorced B who came back to the Philippines and filed a petition for recognition of the foreign decree of divorce. It was recognized but the RTC of Manila found that A is not capacitated to remarry. Can B get married?
A & B entered into an ante nuptial agreement that they would be governed by the conjugal partnership of gains when they will get married. A year thereafter, they got married. Can they change their property relationship during the marriage?
A & B are married. They have children, C & D. C is married to X and they have children, Y & Z. D is married to S and they have children, T & U. He has likewise an illegitimate child, V. Before A died he executed a will instituting his heirs including V. Can V inherit from A considering that he is an illegitimate child of D?
A and B both Filipinos are married. A was convicted of the crime of murder. They sought your advice whether they can adopt C, a relative by consanguinity of B. What is your advice?
A & B both Filipinos are married. While having vacation in Hawaii, A executed a will in accordance with USA law, where there is only one (1) witness. Is the will valid?
Marvin was married to Charina on February 14, 1990. Charina gave birth to a baby girl she named Noreen. Due to irreconcilable differences, Marvin left the conjugal dwelling. Charina, on the other hand fell in love with David and they decided to live together as husband and wife on May 12, 1992. Six (6) years after or on September 8, 1998, Marvin died in an accident. Free at last, Charina and David decided to get married on February 14, 2000 executing an affidavit that they have been living together as husband and wife for more than five (5) years. The marriage took place but the solemnizing officer failed to execute an affidavit that he ascertained the qualifications of the contracting parties. Two (2) years later, Charina died living a considerable amount of properties. Noreen, assisted by her grandparents, filed a petition questioning the validity of her marriage to David. If you were the judge, how will you decide on the petition?