CAPÍTULO 5. Software
5.3. Librería m5api
FACTS : Petitoner and Arturo Padlan were Filipino citizens and married under the Phil.
laws. Because o some marital conflicts, petitioner obtained a divorce in US and subsequently contracted a second marriage still in US. When Arturo died petitioner claimed as a hereditary heir of Arturo contending that their divorce in US is invalid being contrary to law and public policy in the Phil. Private respondent Blandina Padlan on the other hand claimed that she was the lawful heir because Arturo’s previous marriage was already dissolved by virtue of divorce filed by the petitioner in the USA.
When the case was elevated in the CA, the latter ordered to remand the case to the trial court because there was factual issue involved. However it was contended by the petitioner that there is no need to remand the case because there was no factual issue involved because what is only to be resolved is whom of them is the proper heir of Arturo.
ISSUE : Whether or not there was a factual issue involved as to remand the case to the trial court.
HELD : Yes, there was, because there is still a need to determine as to what is the citizenship of the petitioner at the time of her divorce of his husband because:
a) If she is no longer a Filipino citizen at the time of the divorce, then she is no longer entitled to inherit from her husband “because a divorce obtained by an alien abroad, is recognized in the Phil. provided they are valid according to his/her national law.
b) But if she is still a Filipino citizen at the time of the divorce, then she is still entitled to inherit from her husband because a divorce by a Filipino citizen abroad is not valid and binding being contrary to law and public policy.
REPUBLIC vs. CIRPRIANO ORBECIDO, III G.R. No. 154380, October 5, 2005
FACTS : Cipriano Orbecido III married Lady Myros M. Villanueva at the United Church of Christ in the Philippines in Lam-an, Ozamis City. In 1986, Cipriano’s wife left for the United States with their son. A few years later, Orbecido discovered that his wife had been naturalized as an American citizen. In 2000,
Cipriano learned from his son that his wife had obtained a divorce decree and then married a certain Innocent Stanley. Cipriano thereafter filed with the trial court a petition for authority to remarry invoking Paragraph 2 of Article 26 of the Family Code. No opposition was filed. Finding merit in the petition, the court granted the same. The Republic, herein petitioner, through the Office of the Solicitor General (OSG), sought reconsideration but it was denied (that said article is not applicable to the said case because it only applies to a valid mixed marriage). Hence this petition for review.
ISSUE :W/N RESPONDENT CAN REMARRY UNDER ARTICLE 26 OF THE FAMILY CODE
HELD : Yes. The SC stated the twin elements for the application of par. 2, Art. 26:
1. There is a valid marriage that has been celebrated between a Filipino citizen and a foreigner; and
2. A valid divorce is obtained abroad by the alien spouse capacitating him or her to remarry.
The reckoning point is not the citizenship of the parties at the time of the celebration of the marriage, but their citizenship at the time a valid divorce is obtained abroad by the alien spouse capacitating the latter to remarry.
In this case, when Cipriano’s wife was naturalized as an American citizen, there was still a valid marriage that has been celebrated between her and Cipriano. The naturalized alien wife subsequently obtained a valid divorce capacitating her to remarry. Clearly, the twin requisites for the application of Paragraph 2 of Article 26 are both present in this case. Thus, Cipriano, the
“divorced” Filipino spouse, should be allowed to remarry.
Par. 2, Art. 26 should be interpreted to include cases involving parties who, at the time of the celebration of the marriage were Filipino citizens, but later on, one of them becomes naturalized as a foreign citizen and obtains a divorce decree. The Filipino spouse should likewise be allowed to remarry as if the other party were a foreigner at the time of the solemnization of the marriage. To rule otherwise would be to sanction absurdity and injustice.
ART. 26. All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38.
Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (Emphasis supplied
Accordingly, for his plea to prosper, respondent herein must prove his allegation that his wife was naturalized as an American citizen. Likewise, before a foreign divorce decree can be recognized by our own courts, the party pleading it must prove the divorce as a fact and demonstrate its conformity to the foreign law allowing it. Such foreign law must also be proved as our courts cannot take judicial notice of foreign laws. Like any other fact, such laws must be alleged and proved. Furthermore, respondent must also show that the divorce decree allows his former wife to remarry as specifically
required in Article 26. Otherwise, there would be no evidence sufficient to declare that he is capacitated to enter into another marriage.
LEGAL SEPARATION
• There is no obstacle to aliens in securing relative divorce in the Philippines, provided –
1. Their national law is willing to recognized Philippine jurisdiction
2. Separation is agreeable to the internal law of the national state o the parties
NOTE: Grounds for legal separation are the cumulative grounds provided by the national law of the parties (lex nationalii)
2. Validity of foreign divorce between foreigners
The foreign decree of divorce will be recognized as valid here only if the following conditions concur –
a. The foreign court must have jurisdiction to grant the absolute divorce;
b. The divorce must be recognized as valid by the national law of the parties
NOTE: while there is no provision of law requiring Philippines courts to recognize a divorce decree between non-Filipinos rendered by a foreign court, such will be recognized under the principle of international comity unless to do so would violate an important public policy of the Philippines (Coquia)
C. ANNULMENT AND DECLARATION OF NULLITY
The grounds for annulment is governed by the law of the place of the celebration.
The service of summons is governed by the state or the domicile or the residence of the parties.
DISTINCTION: ANNULMENT AND DECLARATION OF NULLITY OF MARRIAGE;
A voidable marriage is valid until it is annulled. The remedy here is therefore, Annulment. If the marriage is null and void, there is no need of a declaration of nullity, since there is nothing to annul..
D. Parental Relations
1. determination of legitimacy of child 2. common law principles on legitimacy 3. parental authority over the child
E. Adoption
LEGITIMACY, LEGITIMATION AND ADOPTION
FACTUAL SITUATION POINT OF CONTACT
Paternity and Filiation (including
1. if legitimate – national law of the father (Art. 15, Civil Code)
2. if illegitimate – national law of the mother unless recognized by the father in which case, national law of the father (Art. 15, of the Civil Code)
Adoption – creation of the status of adoption; rights and obligations of
court where the property is found (lex rei sitae)
coextensive with those of the appointing court (law of the appointing state) see 3 (a) and 3 (b)
where the body is buried
GOVERNING LAW OF THE LEGITIMACY OF A CHILD
• The legitimacy of the child is determined by the national law of the parents at the time of birth, Art. 15, NCC. If the parents belong to different nationalities, legitimacy of the child is determined by the national law of the male parent
• NOTE: Presumptions of Legitimacy are not mere rules of evidence but are considered as substantive law, hence, governed as well by the national law of the male parent
RIGHST OF A LEGITIMATE CHILD:
1. to bear the surname of the father and the mother;
2. to receive support from their parents, brothers and sisters, in proper cases 3. to the legitime and other successional rights
• NOTE: The law governing the capacity to succeed and the amount of successional rights of the legitimate children are governed by the national law of the decedent
LEGITIMATION
• Is the act by which a person not born legitimate, is placed upon the same footing as a legitimate child
LAWS OF REGULATING RELATIONS
BETWEEN LEGITIMATE/ LEGITIMATED CHILDREN AND PARENTS
GOVERNING LAW OF THE LEGITIMATED CHILD
• The national law of the male parent at the time of the marriage shall govern a. whether legitimation has been effected
b. whether or not the legitimation will have retroactive effect c. other connected matters
• Personal law of the father controls the rights and duties of parents and children;
EXCEPT: parental interest in the immovable property of the child which may be regulated by the lex situs
NOTE: Reference to the personal law of the father may result in joint exercise of parental authority over the property of the child by father and mother (Art.
221, Family Code). Father’s personal law could grant parental authority to the mother of the illegitimate children (Art. 176, Family Code)
NOTE: Change in the nationality of the male parent affects the consequent relations between the parents and child
RIGHTS AND OBLIGATIONS INVOLVED UNDER PHILIPPINE LAWS INCLUDE:
1. Personal Care 2. Parental Authority 3. Provide for Education 4. Reciprocal Support
LAWS REGULATING RELATIONS BETWEEN ILLEGITIMATE CHILDREN
• Relations between the mother and the illegitimate child are governed by the mother’s personal law.
• If the child is later legitimated, personal law of the child follows that of the father
RIGHST OF AN ILLEGITIMATE CHILD:
1. to bear the surname of the mother;
2. to receive support 3. to legitime
ADOPTION
•
is the process of making a child whether related or not to the adoption, possess in general the rights accorded to a legitimate. (Paras)•
the act by which relations of paternity and affiliation are recognized as legally existing between person not so related by nature. (Coquia)NOTES:
1. Jurisdiction to Grant Adoption – The Philippine Courts shall have jurisdiction to grant petition for adoption but must apply the lex fori with respect to procedural matters
2. Capacity of Aliens to Adopt
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The cumulative substantive requirements of the forum and of the national law of the adopter must be complied with (Principle of Cumulation) see Art. 184, Family Code, PD 603, RA 852, Domestic Adoption Act and RA 8043, Inter-Country Adoption Act3. Effect or Consequences of Adoption –
a. successional rights – governed by the conflict rules on succession b. parental authority – governed by the national law of the adopter
4. Recognition of Decree of Adoption - The Philippines recognized the principle of foreign adoptions validly rendered and recognized where effected. However, such adoption is still subject to municipal law, i.e. the obligation to register and adoption in the civil register, except, such adoption shall not be recognized if it is contrary to public policy or residents’
interest forbids its enforcement (Agpalo)
REPUBLIC V. COURT OF APPEALS