ALICE REYES VAN DORN vs. HON. MANUEL V. ROMILLO, JR. | G.R. No. L-68470 | October 8, 1985

ALICE REYES VAN DORN vs. HON. MANUEL V. ROMILLO, JR. 
G.R. No. L-68470, October 8, 1985 

Facts
Petitioner Alice Reyes Van Dorn is a citizen of the Philippines while private respondent is a citizen of the United States; they were married in Hong Kong in 1972.  Thereafter, they established their residence in the Philippines and begot two children born on April 4, 1973 and December 18, 1975. Subsequently, they were divorced in Nevada, United States, in 1982, and that petitioner has remarried also in Nevada, this time to Theodore Van Dorn. 
Dated June 8, 1983, private respondent filed suit against petitioner in Civil Case No. 1075-P of the Regional Trial Court, Branch CXV, in Pasay City, stating that petitioner‘s business in Ermita, Manila is their conjugal property; that petitioner he ordered to render accounting of the business and that private respondent be declared to manage the conjugal property. Petitioner moved to dismiss the case contending that the cause of action is barred by the judgment in the divorce proceedings before the Nevada Court wherein respondent had acknowledged that he and petitioner had "no community property" as of June 11, 1982. The denial now is the subject of the certiorari proceeding. 
Issue 

Whether or not the divorce obtained by the parties is binding only to the alien spouse. 
Ruling

Is it true that owing to the nationality principle embodied in Article 15 of the Civil Code, only Philippine nationals are covered by the policy against absolute divorces the same being considered contrary to our concept of public policy and morality. However, aliens may obtain divorces abroad, which may be recognized in the Philippines, provided they are valid according to their national law. In this case, the divorce in Nevada released private respondent from the marriage from the standards of American Law, under which divorce dissolves the marriage. 
Thus, pursuant to his national law, private respondent is no longer the husband petitioner. He would have no standing to sue in the case below as petitioner‘s husband entitled to exercise control over conjugal assets. As he is bound by the decision of his own country‘s court, which validly exercised jurisdiction over him, and whose decision he does not repudiate, he is stopped by his own representation before said court from asserting his right over the alleged conjugal property. 

Comments

Post a Comment

Popular posts from this blog

MICIANO vs. BRIMO | G.R. No. L-22595 | November 1, 1927

MICIANO vs. BRIMO G.R. No. L-22595, November 1, 1927  Facts Joseph G. Brimo, a citizen of Turkey, died and left a partition of the estate. Juan Miciano, the judicial administrator of the estate left filed a scheme of partition. However, Andre Brimo, one of the brothers of the deceased, opposed it. Brimo‘s opposition is based on the fact that the partition in question puts into effect the provisions of Joseph Brimo‘s will which are not in accordance with the laws of his Turkish nationality, for which reason they are void as being in violation of Article 10 of the Civil Code.  Issue Whether or not the national law of the testator is the one to govern his testamentary disposition.  Ruling Joseph Brimo, a Turkish citizen, though he declared in his will that Philippine laws must govern the disposition of his estate; however, it must not prejudice the heir or legatee of the testator. Therefore, the testator‘s national law must govern in accordance wit...
Read more

MICHAEL C. GUY vs. COURT OF APPEALS | G.R. No. 163707 | September 15, 2006

MICHAEL C. GUY vs. COURT OF APPEALS G.R. No. 163707, September 15, 2006    Facts On October 29, 1992, Sima Wei died in Makati City leaving an estate valued 10 million more or less. His known heirs are his spouse Shirley Guy with their children five children. On June 13, 1997, private respondents Karen Oanes Wei and Kamille Oanes Wei represented by their mother Remedios filed a petition for letters of administration before the Regional Trial Court alleging that they are duly acknowledged illegitimate children of Sima Wei. However, petitioner and co-heirs alleged that private respondent‘s claim had been paid, waived, abandoned, or otherwise extinguished by Remedios‘ June 7, 1993 Release and Waiver of Claim stating that in exchange for the financial and educational support received from petitioner, Remedios and her minor children discharge the estate of Sima Wei and any and all liabilities.   The petition was denied in the lower court and the motion for reconsidered dis...
Read more

EDUARDO MANUEL vs. PEOPLE | GR. No. 165842 | November 29, 2005

EDUARDO MANUEL vs. PEOPLE GR. No. 165842, November 29, 2005    Facts This case is a petition for review on certiorari of the decision of Court of Appeals affirming the decision of the Regional Trial Court of Baguio City, convicting the petitioner for the crime of bigamy.    Eduardo P. Manuel, herein petitioner, was first married to Rubylus Gaña on July 18, 1975, who, according to the former, was charged with estafa in 1975 and thereafter imprisoned and was never seen again by him after his last visit. Manuel met Tina B. Gandalera in January 1996 when the latter was only 21 years old. Three months after their meeting, the two got married through a civil wedding in BaguioCity without Gandalera‘s knowledge of Manuel‘s first marriage. In the course of their marriage, things got rocky and Gandalera learned that Eduardo was in fact already married when he married him. She then filed a criminal case of bigamy against Eduardo Manuel. The latter‘s defense being that his decla...
Read more