Quita Vs Dandan: Citizenship, Intestate

QUITA VS DANDAN
Keyword Citizenship, intestate
LEX LOCI CELEBRATIONS RECOGNIZED SUBJECT TO EXCEPTIONS AND RECOGNITION OF

Doctrine
FOREIGN DIVORCE
Fe Quita and Arturo Padlan are both Filipinos who were married in the Philippines. Fe filed for divorce in USA and
Facts/ Brief had a private writing to live separately and settle their conjugal properties, divorce was granted to her and she
Synopsis remarried twice after.
Arturo died intestate.
WON petitioner was still entitled to inherit from the decedent considering that she had secured a divorce in the
Issue
U.S.A. and in fact had twice remarried.
SC ruled Quita and Padlan’s marriage is void ab initio on grounds of bigamy since Padlan had a prior
Ruling
marriage.
REPUBLIC VS CRASUS
Keyword Psychological incapacity, citizenship

Doctrine
FOREIGN DIVORCE
At the time she filed for divorce, Fely was still a Filipino citizen, and pursuant to the nationality principle, she was
Facts/ Brief still bound by Philippine laws.
Synopsis After 13 years of separation, Crasus filed for declaration of nullity of their marriage
RTC ruled Crasus’ and Fely’s marriage as null and void ab initio on grounds of psychological incapacity
Issue WON Fely has validly obtained her divorce in the US with Crasus
SC ruled that during the time Fely obtained her divorce, she was still a Filipino citizen. Philippine laws do not
allow and recognize divorce between Filipino spouses. It was also ruled that the evidence do not satisfactorily
Ruling
establish psychological incapacity.
Marriage of Crasus and Fely remains valid and subsisting
CORPUZ VS STO TOMAS

Keyword Petition for declaratory relief, citizenship

Doctrine
FOREIGN DIVORCE
Corpuz, former Filipino citizen was now a naturalized Canadian citizen. He married respondent Sto. Tomas in Pasig.
He left for Canada and when he came back to surprise wife, he discovered she was having an affair. He filed for
divorce in Canada and divorce decree took effect a month later.
Corpuz and new Filipina fiancée wanted to get married in the Philippines however he was informed that his prior
Facts/ Brief
marriage still subsists under Phil. Law. He filed for petition for judicial recognition of foreign divorce. RTC denied
Synopsis
his petition.
Essentially, the second paragraph of Article 26 of the Family Code provided the Filipino spouse a
substantive right to have his or her marriage to the alien spouse considered as dissolved, capacitating him or her to
remarry.
WON Corpuz, alien spouse, has the right to petition a court of this jurisdiction for recognition of foreign divorce
Issue
decree.
SC ruled that although Art.26 does not bestow rights upon Corpuz as a foreigner, it is not sufficient to dismiss
his petition. The divorce decree and conformity of Sto Tomas is presumptive evidence enough to let Corpuz
Ruling initiate proceedings.
He must include a copy of the Canadian law on divorce to confirm validity of divorce
CATALAN VS CATALAN
Keyword intestate

Doctrine
FOREIGN DIVORCE
Orlando Catalan, naturalized American citizen, allegedly obtained divorce with first wife Felicitas Amor whom he
had a child named Louella and contracted 2nd marriage with petitioner Merope Enriquez. He died intestate.
Merope petitioned for administration of land of Orlando, which Louella contested by her own petition that Merope
Facts/ Brief
cannot inherit since she had a subsisting marriage prior to her marriage with Orlando and thus facing bigamy
Synopsis
charges.
RTC acquitted Merope on grounds that divorce between Felicitas and Orlando was not valid in the PH so Merope
was not actually married to Orlando and she was not married to her first husband as well.
Issue WON
SC ruled that divorces legal abroad are to be recognized. RTC did not take into consideration that Merope
Ruling wasn’t married. Case was remanded for Merope to provide US law to prove validity of divorce between
Orlando & Felicitas
FUJIKI VS MARINAY
Keyword Lack of personality, bigamy, improper venue, correction of entries

Doctrine
FOREIGN DIVORCE
Fujiki and Marinay were married however he cannot bring wife to Japan and they eventually lost contact with each
other. Marinay married another Japanese national, Maekara without dissolving her first marriage with Fujiki.
Maekara brought Marinay to Japan but she suffered physical abuse from him and so she left and sought help from
Facts/ Brief
Fujiki.
Synopsis
Fujiki helped Marinay obtain judgment from family court in Japan to declare her second marriage void on ground of
bigamy. Fujiki also filed petition in RTC for cancellation/correction of entry in the Civil Registry
RTC dismissed petition on grounds of lack of personality to file and improper venue.
WON Fujiki can file for Judicial Recognition of Foreign Judgment (Decree of Absolute Nullity of Marriage)
Issue
between Maekara and Marinay
SC ruled that Fujiki had material interest and therefore the personality to nullify a bigamous marriage
the petitioner only needs to prove the foreign judgment as a fact under the Rules of Court
However, the effect of a foreign judgment is not automatic. To extend the effect of a foreign judgment in the
Ruling
Philippines, Philippine courts must determine if the foreign judgment is consistent with domestic public
policy and other mandatory laws
SC granted Fujiki’s petition
PEREZ VS CATINDIG
Keyword Bigamy, disbarment

Doctrine
FOREIGN DIVORCE
Dr.Perez and Atty. Catindig were schoolmates in UP and reconnected again. Catindig admitted that he was married
but will file for divorce in the Dominican Republic. So, he & Dr. Perez got married. Perez learned her marriage with
Catindig was null and void since Philippine law does not recognize the prior divorce due to the fact that first
Facts/ Brief marriage was still subsisting.
Synopsis They filed nullity of 1st marriage but Perez then learned affair between Catindig and Baydo, an associate in his firm.
She then filed administrative complaint against them.
Case was referred to IBP which ruled that Catindig’s contracting of 2nd marriage when he still has subsisting
marriage is immoral and ground for his disbarment.
Issue WON Atty. Catindig was guilty of immorality and must be disbarred from practice of law
SC ruled that Catindig was guilty of immorality for contracting 2nd marriage in the US with Dr Perez. He is
Ruling
also disbarred. Charge of gross immorality against Atty. Baydo is dismissed for lack of sufficient evidence.
REPUBLIC VS MANALO
Keyword Lack of personality, bigamy, improper venue

Doctrine
FOREIGN DIVORCE
Facts/ Brief
Synopsis
Issue WON the Filipino spouse can file for divorce abroad
SC ruled affirmative State cannot effectively enforce these obligations if We limit the application of Paragraph 2 of
Article 26 only to those foreign divorce initiated by the alien spouse.
Ruling
Since the divorce was raised by Manalo, the burden of proving the pertinent Japanese law validating it, as well as her
former husband's capacity to remarry, fall squarely upon her
NOLLORA VS PEOPLE
Keyword Code of Muslim Personal Laws, bigamy

Doctrine
FOREIGN DIVORCE
Nollora admitted having contracted two marriages with Jesusa Pinat and Rowena Geraldino. His defense was that he
Facts/ Brief was a Muslim convert and he is allegedly entitled to marry 4 wives under Muslim belief.
Synopsis He did not declare he was a Muslim convert in both marriages, indicating his criminal intent. He should also notify
Shari’a Court where his family resides so copy of notice should be furnished to first wife.
WON Nollora can be exempted from bigamy filed against him by first wife since he is Muslim in faith and allegedly
Issue
entitled to marry 4 wives under Muslim belief
SC ruled that although Nollora is indeed a Muslim, both his marriage ceremonies were not conducted in
Ruling
accordance with the Code of Muslim Personal Laws. Regardless of his religion, he cannot claim exemption
from bigamy.
Article 13 (2) of the Code of Muslim Personal Laws states that "[i]n case of a marriage between a Muslim and a non-
Muslim, solemnized not in accordance with Muslim law or this Code, the [Family Code of the Philippines,
or Executive Order No. 209, in lieu of the Civil Code of the Philippines] shall apply."

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QUITA VS DANDAN

Keyword Citizenship, intestate

LEX LOCI CELEBRATIONS RECOGNIZED SUBJECT TO EXCEPTIONS AND RECOGNITION OF

LEX LOCI CELEBRATIONS RECOGNIZED SUBJECT TO EXCEPTIONS AND RECOGNITION OF

CORPUZ VS STO TOMAS

LEX LOCI CELEBRATIONS RECOGNIZED SUBJECT TO EXCEPTIONS AND RECOGNITION OF

LEX LOCI CELEBRATIONS RECOGNIZED SUBJECT TO EXCEPTIONS AND RECOGNITION OF

LEX LOCI CELEBRATIONS RECOGNIZED SUBJECT TO EXCEPTIONS AND RECOGNITION OF

LEX LOCI CELEBRATIONS RECOGNIZED SUBJECT TO EXCEPTIONS AND RECOGNITION OF

LEX LOCI CELEBRATIONS RECOGNIZED SUBJECT TO EXCEPTIONS AND RECOGNITION OF

LEX LOCI CELEBRATIONS RECOGNIZED SUBJECT TO EXCEPTIONS AND RECOGNITION OF

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