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1. As to the effect of the divorce on the Filipino wife, she should no longer
be considered married to the alien spouse, nor required to perform her
marital duties and obligations.
2. To maintain that under Philippine laws, Val Wilsem has to be considered
still married to Socorro and still subject to a wife's obligations under
Article 109 of the Civil Code cannot be just.
3. Val Winsem should not be obliged to live together with, observe respect
and fidelity, and render support to Socorro. She should not continue to be
one of her heirs with possible rights to conjugal property. She should not
be discriminated against in her own country if the ends of justice are to
be served.
Other issue not related to marriage: On Support: WON a foreign national has an
obligation to support his minor child under our Philippine Law
ON issue of support: YES, Van Wilsem is liable to give support to his child
(CONFLICTS ISSUE)
1.
2.
3.
The obligation to give support to a child is a matter that falls under family rights
and duties. Since Van Wilsem is a citizen of Holland or the Netherlands he is
subject to the laws of his country, not to Philippine law, as to whether he is
obliged to give support to his child, as well as the consequences of his failure to
do so.
However, he is still obliged to give support to his son under Article 195 of the
Family Code as a consequence of the Divorce Covenant obtained in Holland
(even despite being a foreigner)
a. Van Wilsem failed to prove the laws of Holland; he only pleaded that
according to the laws in Hollan, he is not obliged to provide support to his
son.
b. Thus, Philippine laws apply by virtue of the doctrine of processual
presumption.
c. Further, even if national law of Van Wilsem states that parents have no
obligation to support their children or that such obligation is not punishable
by law, said law would still not find applicability because of the established
rule that --- when the foreign law, judgment or contract is contrary to a
sound and established public policy of the forum, the said foreign law,
judgment or order shall not be applied.
d. It would be of great injustice to the child to be denied of financial support
when the latter is entitled thereto.
Remanded case to determine if Van Wilsem gave support; may be held liable
under RA 9262 (VAWC) for deprivation of financial support.