Case Digest (G.R. No. 206761)
Facts:
Paul Ambrose v. Louella Suque-Ambrose, G.R. No. 206761, March 11, 2024, the Supreme Court First Division, Gaerlan, J., writing for the Court.Petitioner Paul Ambrose, a United States citizen, and respondent Louella Suque-Ambrose were married on March 13, 2005 in Manila. On April 20, 2007 petitioner filed a Petition for Declaration of Nullity of Marriage invoking psychological incapacity under Article 36 of the Family Code; the petition was amended on May 15, 2007. Respondent filed an Answer with Counterclaim, but did not participate in the hearing on the merits; only petitioner presented evidence.
The Regional Trial Court (RTC) of Quezon City, Branch 89, rendered a Decision dated February 13, 2013 dismissing the petition on the ground that petitioner lacked legal capacity to sue because, applying the nationality principle of Article 15 of the Civil Code, an American citizen allegedly is not covered by Philippine laws on family rights, duties, status and legal capacity. Petitioner filed a Notice of Appeal on April 3, 2013, but the RTC denied it due course in an April 8, 2013 Order because petitioner did not first file a motion for reconsideration as required by Section 20(1) of A.M. No. 02-11-10-SC (the Rule on declaration/annulment of marriages).
Petitioner brought a petition for review on certiorari under Rule 45 to the Supreme Court challenging the RTC’s dismissal for lack of capacity and asking the Court to relax procedural requirements so the Court could review the legal question presented. The respondent manifested before the Court that she would not f...(Pro-only)
Issues:
- Did petitioner, a foreign national, have the legal capacity and personality to file a petition for declaration of nullity of marriage in the Philippines?
- Should the Court relax the procedural requirement of Section 20(1) of A.M. No. 02-11-10-SC and entertain the Rule 45 petition despite the absence of a motion for reconsideration?
- Does Article 15 of the Civil Code (nationality principle) bar a foreign spouse from seeking nullity of a marriage celebrated in the Philippines, or does the doctrine of lex loci celebrationis / Article 26 of the Family Code...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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