Case Digest (G.R. No. 139697)
Facts:
In Herald Black Dacasin v. Sharon Del Mundo Dacasin, petitioner Herald, an American, and respondent Sharon, a Filipino, were married in Manila in April 1994 and had one daughter, Stephanie, born on 21 September 1995. In June 1999, respondent obtained a divorce decree from the Circuit Court of Lake County, Illinois, which dissolved the marriage, awarded her sole custody of Stephanie, and retained jurisdiction for enforcement. On 28 January 2002, both parties executed in Manila a Compromise Agreement on Child Custody and Support providing for joint custody of Stephanie and selecting Philippine courts as the exclusive forum for disputes. In 2004, petitioner filed a suit before the Regional Trial Court (RTC) of Makati City, Branch 60, seeking specific performance of this Agreement upon respondent’s refusal to share custody. Respondent moved to dismiss for lack of jurisdiction, invoking the Illinois court’s retained power and alleging the Agreement void under Civil Code Article 2035(Case Digest (G.R. No. 139697)
Facts:
- Background of the parties and child
- Herald Black Dacasin (American) and Sharon Del Mundo Dacasin (Filipino) married in Manila in April 1994 and had one daughter, Stephanie (born 21 September 1995).
- In June 1999, respondent obtained a divorce decree from the Circuit Court, Lake County, Illinois, awarding her sole custody of Stephanie and retaining jurisdiction for enforcement.
- Post-divorce agreement and election of forum
- On 28 January 2002, petitioner and respondent executed a “Compromise Agreement on Child Custody and Support” in Manila, providing for joint custody of Stephanie and selecting Philippine courts as exclusive forum.
- Respondent agreed to seek an Illinois court order relinquishing jurisdiction to Philippine courts.
- Trial court proceedings
- In 2004, petitioner filed in the Regional Trial Court (RTC) of Makati City, Branch 60, an action for specific performance to enforce the joint custody Agreement, alleging respondent’s exercise of sole custody contravened their contract.
- Respondent moved to dismiss for lack of jurisdiction (Illinois court’s retained jurisdiction and nationality rule) and for the Agreement’s invalidity under Civil Code, Article 2035(5). The RTC dismissed the case (Order of 1 March 2005) and denied reconsideration (Order of 23 June 2005).
Issues:
- Whether the RTC has jurisdiction to entertain petitioner’s suit to enforce the post-divorce joint custody Agreement.
- Whether the Agreement is valid and enforceable under Philippine law.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)