SAMPLE LEGAL OPINION FOR THE 4TH SUNDAY OF THE BAR EXAMS

------------------------ ------------------------ -----------------------27 November 2011

Mr. Adriano Enriquez
Maria Orosa Street
Manila
Dear Mr. Enriquez:
This legal opinion seeks to answer your question as to whether or not you can now remarry under Philippine
law after discovering that your wife had been naturalized as an American citizen and had obtained a divorce
decree and then married a certain Innocent Stanley.
The Facts
Per our discussion and the documents you have shown me, the following are the pertinent facts:
On May 24, 1991, you married Myra Santos in the Philippines. Your marriage was blessed with a son Miguel
Enriquez.
In 1996, your wife left for the United States bringing along your son Miguel. A few years later, you discovered
that your wife had been naturalized as an American citizen. Sometime in 2010, you learned from your son
that your wife had obtained a divorce decree and then married a certain Innocent Stanley.
The Applicable Law
The applicable law is Paragraph 2 of Article 26 of the Family Code. It provides 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.
------------------------ ------------------------ -----------------------Download the FULL TEXT of the Opinion through this link ->http://dl.dropbox.com/u/35584115/Sample
%20Legal%20Opinion%20by%20Atty.%20Ralph%20Sarmiento.pdf
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