Bayot vs.

CA
G.R. Nos. 155635 and 163979
November 7, 2008
Associate Justice Presbitero J. Velasco, Jr., ponente

MARIA REBECCA MAKAPUGAY BAYOT, petitioner

THE HONORABLE COURT OF APPEALS and VICENTE MADRIGAL BAYOT, respondents

Facts:

In April 1979, Vicente and Rebecca were married in Sanctuario de San Jose, Greenhills, Mandaluyong City.
Their marriage certificate identified Rebecca, then 26 years old, to be an American citizen born in Agaña, Guam,
USA to Cesar Tanchiong Makapugay, American, and Helen Corn Makapugay, American.

In November 27, 1982, Rebecca gave birth to Marie Josephine Alexandra or Alix. From that day on, the
marriage of Rebecca and Vicente turned sour.

In 1996, Rebecca initiated a divorce proceeding in the Dominican Republic. The Dominican Court, thereafter,
issued Civil Decree No. 362/96 ordering the dissolution of the couple’s marriage and remarriage after
completing the legal requirement, on the condition that there must be joint custody and guardianship over
Alix. Civil Decree No. 406/97 was also issued a year later settling the couple's conjugal property in Muntinlupa.

Meanwhile, on March 14, 1996, Rebecca filed a petition for declaration of nullity of marriage at the Makati City
Regional Trial Court which she, however, later withdrew.

In March 2001, Rebecca filed another petition, this time before RTC Muntinlupa, for declaration of absolute
nullity of marriage on the ground of Vicente's alleged psychological incapacity. Rebecca also sought the
dissolution of the conjugal partnership of gains with application for support pendente lite for her and Alix and
a Php 220,000 permanent monthly support for their daughter Alix.

In response, Vicente moved to dismiss the case on, inter alia, the grounds of lack of cause of action and that
the petition is barred by the prior judgment of divorce. Rebecca interposed an opposition, insisting on her
Filipino citizenship, as affirmed by the Department of Justice (DOJ), and that, therefore, there is no valid divorce
to speak of.

Meanwhile, Vicente, who had in the interim contracted another marriage, and Rebecca commenced several
criminal complaints against each other.

In August 2001, RTC denied Vicente’s motion to dismiss and granting Rebecca's application for support
pendente lite.

Unfazed, Vicente went to the Court of Appeals on a petition for certiorari, with a prayer for the issuance of a
temporary restraining order (TRO) and/or writ of preliminary injunction. The CA granted the petition.

Rebecca filed a petition with the Supreme Court assailing the adverted CA resolutions of April 30, 2002 and
September 2, 2002, docketed under G.R. No. 155635.

In G.R. No. 163979, Rebecca urges the Court reverse the assailed CA decision.
Issue:

WON the divorce decree obtained by Rebecca in Dominican Republic is valid.

Held:

No serious dispute that at the time of divorce to Vicente, Rebecca was an American citizen and remains to be
one.

Evidences:
● She was born in USA and jus soli is followed in American territory in granting American citizenship;
● She was and may still be an American passport holder;
● In marriage certificate, birth certificate of Alix and divorce decree in Dominican Republic, it was declared
that she is an American

WHEREFORE, the petition for certiorari is DISMISSED on the ground of mootness.