This case has been cited 8 times or more.
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2014-07-23 |
BERSAMIN, J. |
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| From the time of the celebration of the first marriage on September 10, 1947 until the present, absolute divorce between Filipino spouses has not been recognized in the Philippines. The non-recognition of absolute divorce between Filipinos has remained even under the Family Code,[16] even if either or both of the spouses are residing abroad.[17] Indeed, the only two types of defective marital unions under our laws have been the void and the voidable marriages. As such, the remedies against such defective marriages have been limited to the declaration of nullity of the marriage and the annulment of the marriage. | |||||
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2010-08-11 |
BRION, J. |
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| The Family Code recognizes only two types of defective marriages - void[15] and voidable[16] marriages. In both cases, the basis for the judicial declaration of absolute nullity or annulment of the marriage exists before or at the time of the marriage. Divorce, on the other hand, contemplates the dissolution of the lawful union for cause arising after the marriage.[17] Our family laws do not recognize absolute divorce between Filipino citizens.[18] | |||||
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2008-11-07 |
VELASCO JR., J. |
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| Three legal premises need to be underscored at the outset. First, a divorce obtained abroad by an alien married to a Philippine national may be recognized in the Philippines, provided the decree of divorce is valid according to the national law of the foreigner.[31] Second, the reckoning point is not the citizenship of the divorcing parties at birth or at the time of marriage, but their citizenship at the time a valid divorce is obtained abroad. And third, an absolute divorce secured by a Filipino married to another Filipino is contrary to our concept of public policy and morality and shall not be recognized in this jurisdiction.[32] | |||||
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2007-11-23 |
NACHURA, J. |
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| Lex loci celebrationis relates to the "law of the place of the ceremony"[63] or the law of the place where a contract is made.[64] The doctrine of lex contractus or lex loci contractus means the "law of the place where a contract is executed or to be performed."[65] It controls the nature, construction, and validity of the contract[66] and it may pertain to the law voluntarily agreed upon by the parties or the law intended by them either expressly or implicitly.[67] Under the "state of the most significant relationship rule," to ascertain what state law to apply to a dispute, the court should determine which state has the most substantial connection to the occurrence and the parties. In a case involving a contract, the court should consider where the contract was made, was negotiated, was to be performed, and the domicile, place of business, or place of incorporation of the parties.[68] This rule takes into account several contacts and evaluates them according to their relative importance with respect to the particular issue to be resolved.[69] | |||||
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2007-02-06 |
YNARES-SANTIAGO, J. |
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| The significance of the Van Dorn case to the development of limited recognition of divorce in the Philippines cannot be denied. The ruling has long been interpreted as severing marital ties between parties in a mixed marriage and capacitating the Filipino spouse to remarry as a necessary consequence of upholding the validity of a divorce obtained abroad by the alien spouse. In his treatise, Dr. Arturo M. Tolentino cited Van Dorn stating that "if the foreigner obtains a valid foreign divorce, the Filipino spouse shall have capacity to remarry under Philippine law."[59] In Garcia v. Recio,[60] the Court likewise cited the aforementioned case in relation to Article 26.[61] | |||||
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2007-02-06 |
YNARES-SANTIAGO, J. |
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| Divorce means the legal dissolution of a lawful union for a cause arising after marriage. But divorces are of different types. The two basic ones are (1) absolute divorce or a vinculo matrimonii and (2) limited divorce or a mensa et thoro. The first kind terminates the marriage, while the second suspends it and leaves the bond in full force.[20] A divorce obtained abroad by an alien may be recognized in our jurisdiction, provided such decree is valid according to the national law of the foreigner.[21] However, before it can be recognized by our courts, the party pleading it must prove the divorce as a fact and demonstrate its conformity to the foreign law allowing it, which must be proved considering that our courts cannot take judicial notice of foreign laws.[22] | |||||
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2005-10-05 |
QUISUMBING, J. |
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| 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.[14] 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.[15] 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. | |||||
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2003-06-20 |
QUISUMBING, J. |
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| In Garcia v. Recio,[19] Van Dorn v. Romillo, Jr.,[20] and Llorente v. Court of Appeals,[21] we consistently held that a divorce obtained abroad by an alien may be recognized in our jurisdiction, provided such decree is valid according to the national law of the foreigner. Relevant to the present case is Pilapil v. Ibay-Somera,[22] where this Court specifically recognized the validity of a divorce obtained by a German citizen in his country, the Federal Republic of Germany. We held in Pilapil that a foreign divorce and its legal effects may be recognized in the Philippines insofar as respondent is concerned in view of the nationality principle in our civil law on the status of persons. | |||||