Case Digest (G.R. No. 186571)
Facts:
Gerbert R. Corpuz v. Daisylyn Tirol Sto. Tomas and the Solicitor General, G.R. No. 186571, August 11, 2010, the Supreme Court Third Division, Brion, J., writing for the Court.Petitioner Gerbert R. Corpuz, a naturalized Canadian (naturalization November 29, 2000), married respondent Daisylyn T. Sto. Tomas, a Filipina, on January 18, 2005 in Pasig City. After discovering his wife's extramarital affair during a return visit, Gerbert left for Canada and obtained a Canadian divorce decree on December 8, 2005 (effective January 8, 2006). Two years later he sought to remarry in the Philippines and presented the Canadian divorce decree to the Pasig City Civil Registrar, which annotated their Philippine marriage certificate to show "DIVORCED." An NSO official informed him that, under NSO Circular No. 4, series of 1982, a foreign divorce must be judicially recognized by a competent Philippine court before it is given effect here.
Gerbert filed a petition with the Regional Trial Court (RTC) of Laoag City, Branch 11, for judicial recognition of the foreign divorce and/or declaration that his marriage to Daisylyn was dissolved. Daisylyn did not file an answer but submitted a notarized manifestation expressing no opposition and stating she might herself seek relief. The RTC, in a decision dated October 30, 2008 (motion for reconsideration denied February 17, 2009), dismissed Gerbert's petition on the ground that the second paragraph of Article 26 of the Family Code grants the right to judicial recognition of a foreign divorce only to the Filipino spouse; hence, Gerbert, as an alien, was not a proper party.
Petitioner filed a petition for review on certiorari under Rule 45 to the Supreme Court. The Office of the Solicitor General and Daisylyn filed comments supporting Gerbert. The Court consider...(Subscriber-Only)
Issues:
- May an alien spouse invoke the second paragraph of Article 26 of the Family Code to petition a Philippine court for recognition of a foreign divorce decree?
- If the second paragraph of Article 26 does not extend rights to the alien spouse, does the foreign divorce decree nevertheless give the alien petitioner legal interest to seek recognition in Philippine courts?
- Was the annotation of the Canadian divorce on the marriage certificate by the Pasig City Civil Registrar proper, and what is the proper reme...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)