Case Digest (G.R. No. 168785)
Facts:
Herald Black Dacasin v. Sharon Del Mundo Dacasin, G.R. No. 168785, February 05, 2010, the Supreme Court Second Division, Carpio, J., writing for the Court.Herald Black Dacasin (petitioner), an American, and Sharon Del Mundo Dacasin (respondent), a Filipino, were 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, 19th Judicial Circuit, Lake County, Illinois (the Illinois court). The Illinois decree dissolved the marriage, awarded respondent sole custody of Stephanie, and expressly retained jurisdiction for enforcement purposes. Petitioner did not contest the Illinois proceedings.
On 28 January 2002 the parties executed in Manila a written “Compromise Agreement on Child Custody and Support” (the Agreement), stipulating joint custody of Stephanie and selecting Philippine courts as the exclusive forum for disputes thereunder; respondent undertook to seek from the Illinois court an order relinquishing its retained jurisdiction.
In 2004 petitioner filed an action in the Regional Trial Court (RTC) of Makati City, Branch 60, seeking enforcement of the Agreement on the ground that respondent was exercising sole custody in violation of their agreement. Respondent moved to dismiss, contending among other things that the RTC lacked jurisdiction because the Illinois court had retained jurisdiction to enforce its judgment and that the Agreement was void as contravening Article 2035(5) of the Civil Code (prohibiting compromise on jurisdiction of courts) and Philippine public policy.
By Order dated 1 March 2005 the RTC granted respondent’s motion and dismissed the complaint, finding the Illinois court’s retained jurisdiction precluded the RTC from acting, that petitioner as an alien was bound by the Illinois decree under the “nationality rule” (Article 15, Civil Code), and that the Agreement was void for attempting to transfer jurisdiction by compromise. Reconsideration was denied by Order dated 23 June 2005. Petitio...(Pro-only)
Issues:
- Did the Regional Trial Court have jurisdiction to entertain petitioner’s suit to enforce the post-divorce Agreement?
- If the RTC had jurisdiction, is the Agreement valid and enforceable under Philippine law, given the Illinois divorce decree and relevant provisions of the Civil Code...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)