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v
TIROL
FACTS:
1. Gerbert
Corpuz
was
a
former
Filipino
citizenship
who
acquired
Canadian
citizenship
through
naturalization.
2. Corpuz
married
Daislylyn
Sto.
Tomas,
Filipina
in
Pasig
City
3. Due
to
work
commitments,
Corpuz
left
for
Canada.
But
when
he
returned
in
the
Philippines,
he
discovered
that
Daisylyn
was
having
an
affair
with
another
man.
4. Corpuz
then
returned
to
Canada
to
file
a
petition
for
divorce.
The
Superior
Court
of
Canada
granted
the
petition
for
divorce.
5. Two
years
after
the
divorce,
he
found
another
Filipina.
Wanting
to
marry
her,
Corpuz
went
to
the
Civil
Registry
Office
of
Pasig
City
and
registered
the
divorce
decree.
6. NSO
informed
Corpuz
that
his
marriage
with
Daisylyn
still
subsists
under
Philippine
law,
to
be
enforceable,
the
foreign
divorce
decree
must
first
be
judicially
recognized
by
a
Philippie
Competent
Court.
7. Thus,
Corpuz
filed
a
petition
for
judicial
recognition
of
foreign
divorce
or
declaration
of
marriage
as
dissolved
in
the
RTC.
o Daisylyn
did
not
present
any
objection
to
the
petition
and
requested
the
same
thing
as
party-in-interest.
8. RTC
denied
Corpuzs
petition.
o Corpuz
was
not
the
proper
party
to
institute
the
action
for
he
is
a
Canadian
Citizen.
o Under
Article
26
of
the
Family
Code,
only
the
Filipino
spouse
can
avail
of
the
remedy
It
will
be
unfair
if
the
Filipino
spouse
remains
married
while
the
alien
already
obtained
a
divorce
decree.
9. Hence,
this
petition.
o The
petition
is
a
declaratory
relief.
He
asks
for
a
determination
of
his
right
under
Article
26.
He
contends
that
the
provision
applies
as
well
to
the
benefit
of
the
alien
spouse.
He
considers
himself
as
a
proper
party,
vested
with
sufficient
legal
interest.
o The
OSG
and
Daisylyn
support
Corpuzs
position.
ISSUE:
W/N
the
second
paragraph
of
Article
26
extends
to
aliens
the
right
to
petition
a
court
of
this
jurisdiction
for
the
recognition
of
a
foreign
divorce
decree.
HELD:
NO.
The
substantive
right
Article
26
establishes
is
in
favor
of
the
Filipina
spouse.
1. Article
17
of
the
Civil
Code
provides
that
the
policy
against
absolute
divorces
cannot
be
subverted
by
judgments
promulgated
in
a
foreign
country.
The
inclusion
of
the
second
paragraph
in
Article
26
of
the
Family
Code
provides
the
direct
exception
to
this
rule
and
serves
as
basis
for
recognizing
the
dissolution
of
the
marriage
between
the
Filipino
spouse
and
his
or
her
alien
spouse.
2. Also,
no
court
in
this
jurisdiction
can
make
a
declaration
for
the
alien
spouse
that
he
is
capacitated
to
contract
another
marriage
because
his
status
and
legal
capacity
are
generally
governed
by
his
national
law.
3. However,
this
does
not
mean
that
an
alien
does
not
have
legal
interest
to
petition
the
RTC
for
the
recognition
of
his
foreign
divorce
decree.
The
foreign
divorce
decree
itself,
after
its
authenticity
and
conformity
with
the
aliens
national
law
have
been
duly
proven
according
to
our
rules
of
evidence,
serves
as
a
presumptive
evidence
of
right
in
favor
of
such
alien.
This
is
pursuant
to
Section
48,
Rule
39
that
in
case
of
a
judgment
or
final
order
against
a
person,
the
judgment
or
final
order
is
presumptive
evidence
of
a
right
as
between
the
parties
and
their
successors
in
interest
by
a
subsequent
title.
o Being
the
subject
of
the
foreign
judgment
is
sufficient
to
clothe
a
party
with
the
requisite
interest
to
institute
an
action
before
our
courts
for
the
recognition
of
foreign
judgment.
A
divorce
decree
obtained
by
an
alien
abroad
may
be
recognized
in
the
PH,
provided
that
the
divorce
is
valid
according
to
his/her
national
law.
The
foreign
judgment
and
its
authenticity
must
be
proven
as
facts
under
our
rules
on
evidence,
together
with
the
aliens
national
law
to
show
the
effect
of
the
judgment.
The
recognition
may
be
made
in
an
action
instituted
specifically
for
that
purpose
or
in
another
action
where
a
party
invokes
the
foreign
decree
as
an
integral
aspect
of
his
claim
or
defense.
4. In
the
case
at
bar,
Corpuz
failed
to
submit
a
copy
of
the
Canadian
law
on
so
there
is
an
insufficiency
in
the
evidence.
Hence,
the
SC
remanded
the
case
to
the
RTC
to
determine
whether
the
divorce
decree
is
consistent
with
Canadian
divorce
law.
5. SC
remanded
the
case
so
that
the
proper
parties
who
want
to
object
may
do
by
proving
want
of
jurisdiction,
want
of
notice,
collusion,
fraud
or
clear
mistake
of
a
law
or
fact.
For
once
recognition
has
been
made
on
the
foreign
judgment,
this
shall
have
the
effect
of
res
judicata
between
the
parties.
Principle
of
comity
and
the
effect
of
res
judicata
will
bar
the
Filipina
spouse
to
question
the
same
(SO
PROPER
CAUTION
MUST
BE
MADE)