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    Del Socorro Vs Van Wilsem

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    fledpengel
    Norma Del Socorro filed a complaint against Ernst Van Wilsem, her ex-husband and a citizen of the Netherlands, for failing to provide monthly support to their minor son Roderigo, as he had promised. The trial court dismissed the case because Ernst is a foreign national. The Supreme Court ruled that while Ernst is subject to Dutch law regarding parental obligations, he failed to prove that Dutch law does not require parental support. The Court also held that foreign law should not be applied if it would result in injustice, and it would be unjust for Roderigo to be denied financial support. Ernst still has an obligation under Philippine law to support his minor child.

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    Del Socorro Vs Van Wilsem

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    fledpengel
    78 views3 pages
    Norma Del Socorro filed a complaint against Ernst Van Wilsem, her ex-husband and a citizen of the Netherlands, for failing to provide monthly support to their minor son Roderigo, as he had promised. The trial court dismissed the case because Ernst is a foreign national. The Supreme Court ruled that while Ernst is subject to Dutch law regarding parental obligations, he failed to prove that Dutch law does not require parental support. The Court also held that foreign law should not be applied if it would result in injustice, and it would be unjust for Roderigo to be denied financial support. Ernst still has an obligation under Philippine law to support his minor child.

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    4.-Del-Socorro-vs-Van-Wilsem.docx

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    Norma Del Socorro filed a complaint against Ernst Van Wilsem, her ex-husband and a citizen of the Netherlands, for failing to provide monthly support to their minor son Roderigo, as he had promised. The trial court dismissed the case because Ernst is a foreign national. The Supreme Court ruled that while Ernst is subject to Dutch law regarding parental obligations, he failed to prove that Dutch law does not require parental support. The Court also held that foreign law should not be applied if it would result in injustice, and it would be unjust for Roderigo to be denied financial support. Ernst still has an obligation under Philippine law to support his minor child.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    78 views3 pages

    Del Socorro Vs Van Wilsem

    Uploaded by

    fledpengel
    Norma Del Socorro filed a complaint against Ernst Van Wilsem, her ex-husband and a citizen of the Netherlands, for failing to provide monthly support to their minor son Roderigo, as he had promised. The trial court dismissed the case because Ernst is a foreign national. The Supreme Court ruled that while Ernst is subject to Dutch law regarding parental obligations, he failed to prove that Dutch law does not require parental support. The Court also held that foreign law should not be applied if it would result in injustice, and it would be unjust for Roderigo to be denied financial support. Ernst still has an obligation under Philippine law to support his minor child.

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    NORMA A.

    DEL SOCORRO, FOR AND IN BEHALF OF HER MINOR


    CHILD RODERIGO NORJO VAN WILSEM v. ERNST JOHAN
    BRINKMAN VAN WILSEM
    G.R. No. 193707, December 10, 2014, THIRD DIVISION, (Peralta, J.)

    Foreign law should not be applied when its application would work
    undeniable injustice to the citizens or residents of the forum.

    Norma A. Del Socorro and Ernst Van Wilsem contracted marriage in


    Holland. They were blessed with a son named Roderigo Norjo Van Wilsem.
    Unfortunately, their marriage bond ended by virtue of a Divorce Decree issued
    by the appropriate Court of Holland. Thereafter, Norma and her son came home
    to the Philippines. According to Norma, Ernst made a promise to provide
    monthly support to their son. However, since the arrival of petitioner and her son
    in the Philippines, Ernst never gave support to Roderigo. Norma filed a
    complaint against Ernst for violation of R.A. No. 9262 for the latter’s unjust
    refusal to support his minor child with petitioner.

    The trial court dismissed the complaint since the facts charged in the
    information do not constitute an offense with respect to the accused, he being an
    alien.

    ISSUE:

    Does a foreign national have an obligation to support his minor child


    under Philippine law?

    RULING:

    Yes, since Ernst is a citizen of Holland or the Netherlands, we agree with


    the RTC that he is subject to the laws of his country, not to Philippine law, as to
    whether he is obliged to give support to his child, as well as the consequences of
    his failure to do so. This does not, however, mean that Ernst is not obliged to
    support Norma’s son altogether. In international law, the party who wants to have
    a foreign law applied to a dispute or case has the burden of proving the foreign
    law. In the present case, Ernst hastily concludes that being a national of the
    Netherlands, he is governed by such laws on the matter of provision of and
    capacity to support. While Ernst pleaded the laws of the Netherlands in
    advancing his position that he is not obliged to support his son, he never proved
    the same. It is incumbent upon Ernst to plead and prove that the national law of
    the Netherlands does not impose upon the parents the obligation to support their
    child. Foreign laws do not prove themselves in our jurisdiction and our courts are
    not authorized to take judicial notice of them. Like any other fact, they must be
    alleged and proved.

    Moreover, foreign law should not be applied when its application would
    UST Law Review, Vol. LIX, No. 1, May
    2015
    work undeniable injustice to the citizens or residents of the forum. To give justice
    is

    UST Law Review, Vol. LIX, No. 1, May


    2015
    the most important function of law; hence, a law, or judgment or contract that is
    obviously unjust negates the fundamental principles of Conflict of Laws.
    Applying the foregoing, even if the laws of the Netherlands neither enforce a
    parent’s obligation to support his child nor penalize the non-compliance
    therewith, such obligation is still duly enforceable in the Philippines because it
    would be of great injustice to the child to be denied of financial support when the
    latter is entitled thereto.

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