G.R. No. 154380 - RP v Obercido

REPUBLIC VS ORBECIDO G.R. No. 154380October 5, 2005



FACTS:

Cipriano Orbecido III was married to Lady Myros Villanueva and blessed with two kids. Both lives  in Lam-an, Ozamis City. In 1986 Orbecido found out  that his wife had been naturalized as an American citizen.Sometime in 2000, Orbecido learned from his son that his wife had obtained a divorce decree and married an American.Orbecido filed with the Trial Court a petition for “Authority to Remarry”appealing Article 26 Paragraph 2 of the Family Code, then Court granted the petition.The Republic, herein petitioner, through the Office of the Solicitor General,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 according to the rules of evidence.
HELD:
In the present petition there is no sufficient evidence submitted and on record, we are unable to declare, based on respondent’s bare allegations that his wife,who was naturalized as an American citizen, had obtained a divorce decree and had remarried an American, that respondent is now capacitated to remarry. Such declaration could only be made properly upon respondent’s submission of the afore cited evidence in 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 the Regional Trial Court of Molave, Zamboanga del Sur, Branch 23, are hereby SET ASIDE

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