4/29/2020
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to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.
[66] Act No. 3753, Sec. 1. Civil Register. — A civil register is established for recording
the civil status of persons, in which shall be entered: (a) births; (b) deaths; (c)
marriages; (d) annulments of marriages; (e) divorces; (f) legitimations; (g) adoptions;
(h) acknowledgment of natural children; (i) naturalization; and (j) changes of name.
Cf. RULES OF COURT, Rule 108, Sec. 2. Entries subject to cancellation or correction. —
Upon good and valid grounds, the following entries in the civil register may be
cancelled or corrected: (a) births; (b) marriages; (c) deaths; (d) legal separations; (e)
judgments of annulments of marriage; (f) judgments declaring marriages void from
the beginning; (g) legitimations; (h) adoptions; (i) acknowledgments of natural
children; (j) naturalization; (k) election, loss or recovery of citizenship; (1) civil
interdiction; (m) judicial determination of filiation; (n) voluntary emancipation of a
minor; and (o) changes of name.
[67] Corpuz v. Sto. Tomas, supra note 36 at 287.
[68] FAMILY CODE, Art. 35-67.
[69] FAMILY CODE, Art. 74-148.
[70] FAMILY CODE, Art. 195 in relation to Art. 194.
[71] See supra note 69.
[72] CONSTITUTION, Art. III, Sec. 1: “No person shall be deprived of life, liberty, or
property without due process of law x x x.”
[73] FAMILY CODE, Art. 68-73.
[74] CONSTITUTION, Art. VIII, Sec. 5(5). The Supreme Court shall have the following
powers:
xxxx
(5) Promulgate rules concerning the protection and enforcement of constitutional
rights, pleading, practice, and procedure in all courts, the admission to the practice of
law, the integrated bar, and legal assistance to the underprivileged. Such rules shall
provide a simplified and inexpensive procedure for the speedy disposition of cases,
shall be uniform for all courts of the same grade, and shall not diminish, increase,
or modify substantive rights. x x x
x x x x (Emphasis supplied)
[75] Emphasis supplied.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55916
19/22
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