Corpuz Vs Sto Tomas Digest - Persons
Corpuz Vs Sto Tomas Digest - Persons
Corpuz Vs Sto Tomas Digest - Persons
FACTS:
1. Petitioner
Gerbert
Corpuz
was
a
former
Filipino
citizen
who
acquired
Canadian
citizenship
through
naturalization.
2. He
was
married
to
the
respondent
Daisylyn
Sto.
Tomas
in
January
2005.
Soon
after
petitioner
left
for
Canada
for
work.
He
returned
sometime
in
April
2005
to
surprise
his
wife
and
was
shocked
by
the
infidelity
on
the
part
of
his
wife.
3. He
went
back
to
Canada
and
filed
a
petition
for
divorce
which
was
granted.
4. Two
years
later,
desirous
to
marry
another
woman
he
loved,
he
registered
the
divorce
decree
in
the
Pasig
City
Civil
Registry
Office
and
was
informed
that
the
foreign
decree
must
first
be
judicially
recognized
by
a
competent
Philippine
court.
5. Petitioner
filed
for
judicial
recognition
of
foreign
divorce
and
declaration
of
marriage
as
dissolved
with
the
RTC
where
respondent
failed
to
submit
any
response.
The
RTC
denied
the
petition
on
the
basis
that
the
petitioner
lacked
locus
standi
based
on
Article
26
of
the
FC.
6. Corpuz
filed
a
petition
for
review
on
certiorari.
Related
Provisions:
Article
15,
New
Civil
Code
Laws
relating
to
family
rights
and
duties,
or
to
the
status,
condition
and
legal
capacity
of
persons
are
binding
upon
citizens
of
the
Philippines,
even
though
living
abroad.
(9a)
Article
26,
Family
Code
All
marriages
solemnized
outside
the
Philippines,
in
accordance
with
the
laws
in
force
in
the
country
where
they
are
solemnized,
and
valid
there
as
such,
shall
also
be
valid
in
this
country,
except
those
prohibited
under
Articles
35(1),(4),
(5),
(6),
36,
37
and
38.
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.
Prohibitions:
Article
35
(1)
Those
contracted
by
any
party
below
eighteen
years
of
age
even
with
consent
of
parents
or
guardians
(4)
Those
bigamous
or
polygamous
marriages
not
falling
under
Article
41
(5)
Those
contracted
through
mistake
of
one
contracting
party
as
to
the
identity
of
the
other;
and,
(6)
Those
subsequent
marriages
that
are
void
under
Article
53
Article
36,
Family
Code
A
marriage
contracted
by
any
party
who,
at
the
time
of
the
celebration,
was
psychologically
incapacitated
to
comply
with
the
essential
marital
obligations
of
marriage,
shall
likewise
be
void
even
if
such
incapacity
becomes
manifest
only
after
its
solemnization.
(as
amended
by
1
EO
No.
277)
HELD:
NO:
The
alien
spouse
cannot
claim
under
the
second
paragraph
of
Art
26
of
the
Family
Code
because
the
substantive
right
it
establishes
is
in
favour
of
the
Filipino
spouse.
Only
the
Filipino
spouse
can
invoke
the
second
par
of
Art
26
of
the
Family
Code.
NO:
The
unavailability
of
the
second
paragraph
of
Art
26
of
the
Family
Code
to
aliens
does
not
necessarily
strip
the
petitioner
of
legal
interest
to
petition
the
RTC
for
the
recognition
of
his
foreign
divorce
decree.
The
petitioner,
being
a
naturalized
Canadian
citizen
now,
is
clothed
by
the
presumptive
evidence
of
the
authenticity
of
foreign
divorce
decree
with
conformity
to
aliens
national
law.
The
Pasig
City
Civil
Registry
acted
out
of
line
when
it
registered
the
foreign
decree
of
divorce
on
the
petitioner
and
respondents
marriage
certificate
without
judicial
order
recognizing
the
said
decree.
The
registration
of
the
foreign
divorce
decree
without
the
requisite
judicial
recognition
is
void.
RATIO:
The
legislative
intent
behind
Art
26(2)
is
to
avoid
the
absurd
situation
whre
the
Filipino
spouse
remains
married
to
the
alien
spouse
who,
after
obtaining
a
divorce
is
no
longer
married
to
the
Filipino
spouse.
The
legislative
intent
is
for
the
benefit
of
the
Filipino
spouse
by
clarifying
his
or
her
marital
status,
settling
the
doubts
created
by
the
divorce
decree.
The
foreign
divorce
decree
is
presumptive
evidence
of
a
right
that
clothes
the
party
with
legal
interest
to
petition
for
its
recognition
in
this
jurisdiction.
POLIDO
|
ECHIVERRI
Remedy
Available
to
Alien
Spouse:
The
foreign
divorce
decree
itself,
after
its
authenticity
and
conformity
with
the
alien's
national
law
have
been
duly
proven
according
to
our
rules
of
evidence,
serves
as
a
presumptive
evidence
in
favor
of
the
alien
spouse,
pursuant
to
Sec.
48,
Rule
39
of
the
Rules
of
Court
which
provides
for
the
effect
of
foreign
judgment
(Please
see
pertinent
provisions
of
the
Rules
of
Court,
particularly
Sec.
48,
Rule
39
and
Sec.
24
Rule
132)
Note:
In
this
case,
the
SC
considered
the
recording
of
the
divorce
decree
on
Corpuz
and
Sto.
Tomas'
marriage
certificate
as
legally
improper.
No
judicial
order
yet
exists
recognizing
the
foreign
divorce
decree,
thus,
the
Pasig
City
Civil
Registry
Office
acted
totally
out
of
turn
and
without
authority
of
law
when
it
annotated
the
Canadian
divorce
decree
of
Corpuz
and
Sto.
Tomas'
marriage
certificate,
on
the
strength
alone
of
the
foreign
decree
presented
by
Corpuz