#specialassignment

Facts:

Petitioner Wolfgang O. Roehr, a German citizen, married private respondent Carmen Rodriguez, a Filipina, on December 11, 1980, in Germany. Their marriage was subsequently ratified on February 14, 1981, in Tayasan, Negros Oriental. Out of their union were born Carolynne and Alexandra Kristine.

Carmen filed a petition for a declaration of nullity of marriage before the Makati RTC. Meanwhile, Wolfgang obtained a decree of divorce from Germany. The decree provides that the parental custody of the children should be vested in Wolfgang. Wolfgang filed a motion to dismiss the nullity case as a divorce decree had already been promulgated, which was granted to the respondent by Judge Salonga.

Carmen filed a motion with a prayer that the case should proceed for the purpose of determining the issues of custody of the children and the distribution of the properties between her and Wolfgang. Judge Salonga partially set aside her previous order for the purpose of tackling the issues of support and custody of their children.

Issue:

Whether or not it is valid to assume jurisdiction to tackle child custody and support.

Held:

2. Garcia v Recio, Oct 2, 2010

Facts:

Rederick A. Recio, a Filipino, was married to Editha Samson, an Australian Citizen, in Malabon, Rizal on March 1, 1987.  They lived as husband and wife in Australia. On May 18, 1989, their marriage was dissolved by a divorce decree, issued by an Australian Family Court.

On January 12, 1994, Rederick married Grace J. Garcia in Cabanatuan City.  Since October 22, 1995, the couple lived separately without prior judicial dissolution of their marriage. Their conjugal assets were divided on May 16, 1996, in accordance with their Statutory Declarations secured in Australia.

Grace filed a Complaint for Declaration of Nullity of Marriage on the grounds of bigamy on March 3, 1998, claiming that she only learned of Rederick’s marriage with Editha Samson in November 1997.

Issues:

Whether or not the divorce between Editha Samson and himself was proven

Whether or not his legal capacity to marry Grace was proven.

Held:

No. Philippine law does not provide for absolute divorce; hence our court cannot grant it. A marriage between two Filipinos cannot be dissolved even by divorce obtained abroad because of Art. 15 and 17 of the NCC. A divorce obtained abroad by a couple, who are both aliens, may be recognized in the Philippines, provided it is consistent with their respective national laws. Our courts do not take judicial notice of foreign county, they must be alleged and proved.

No. However, it does not prove the respondent’s legal capacity to marry the petitioner.  The decree, being a foreign document was inadmissible to court because it was not authenticated by the consul/ embassy of the country where it will be used.

A document may be proven as an official record of a foreign country by either:

an official publication;

attested by the officer having legal custody of the document;

If the record is not kept in the Philippines, such copy must be:

accompanied by a certificate issued by the proper Philippine diplomatic or consular officer stationed in the foreign country in which the record is kept and

authenticated by the seal of his office.

Van Dorn v Romillo 139 SCRA 139

Facts:

Alice Reyes, a Filipina, married Richard Upton, an American citizen in Hong Kong in 1972. They established residence in the Philippines and had two children. In 1982, Reyes filed a divorce by virtue of incompatibility and they were divorced in Nevada. Reyes remarried Theodore Van Dorn in Nevada. Upton filed at RTC a suit against the petitioner, asking Van Dorn to be ordered to render an account of their business, in Ermita Manila and be declared with the right to manage the conjugal property.

Issue:

Whether or not the foreign divorce between the petitioner and private respondent in Nevada is binding in the Philippines where the petitioner is a citizen?

Held:

Yes. The pivotal fact in this case is the Nevada divorce of the parties since the Nevada court has jurisdiction over the parties. The decree is binding on Upton as an American citizen; hence he cannot sue the petitioner as her husband. While it is true owing to the nationality principle under Art 15 of NCC, only Philippine nationals are covered by the policy against absolute divorce, aliens may obtain divorces abroad, which may be recognized in the Philippines, provided they are valid to their law of the nation.