Case Digest (G.R. No. 45152)
Case Digest (G.R. No. 45152)
Facts:
Hilaria Sikat v. John Canson, G.R. No. 45152. April 10, 1939, the Supreme Court En Banc, Laurel, J., writing for the Court.
Hilaria Sikat (plaintiff-appellant) and John Canson (defendant-appellee) married on February 15, 1904, in Bayambang, Pangasinan, and cohabited until their separation in 1911. The wife commenced divorce proceedings in 1911, but by joint petition the suit was dismissed on January 16, 1912, without decision on the merits.
At marriage Canson was an Italian citizen; he became a naturalized Filipino on February 27, 1922. In 1929 he went to Reno, Nevada, and on October 8, 1929 obtained an absolute decree of divorce thereon the ground of desertion. Sikat remained in the Philippines and did not participate in the Nevada proceeding.
In 1933 Sikat sued in the Court of First Instance of Rizal (Civil Case No. 5398) for a monthly pension of P500 as support. Canson defended on grounds of (1) adultery by Sikat, (2) the Reno absolute divorce, and (3) inability to pay. The trial court, in a November 27, 1933 decision, refused to recognize the Reno divorce but found that Sikat had committed adultery and therefore forfeited support; that judgment became final and was not appealed.
On June 1, 1934 Sikat filed the present action seeking liquidation of the conjugal partnership, predicated expressly on the asserted finality and effect of the Reno divorce. The trial court dismissed the suit, reasoning that the Reno decree could not be recognized in the Philippines because it was granted for a cause (desertion) not recognized by Philippine law and because the Nevada court lacked jurisdiction over the wife, especially given the local public-order provisions of the Civil Code (citing Articles 9 and 11). From that dismissal Sikat appealed to this Court in the usual manner.
Issues:
- Does the plaintiff’s prior, final judgment denying support preclude her present action for liquidation of the conjugal partnership (i.e., did she elect an inconsistent remedy)?
- Is the Nevada absolute divorce of October 8, 1929, valid in the Philippines so as to dissolve the marriage and permit liquidation of the conjugal partnership, given Canson’s naturalization and the ground of desertion?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)