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    Corpuz Vs STO - TOMAS

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    Marc Sam Manio

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    Corpuz Vs STO - TOMAS

    Uploaded by

    Marc Sam Manio
    3 views2 pages

    Original Title

    Corpuz vs STO.TOMAS

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    3 views2 pages

    Corpuz Vs STO - TOMAS

    Uploaded by

    Marc Sam Manio

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    G.R. No.

    186571 August 11, 2010

    GERBERT R. CORPUZ, Petitioner,


    vs.
    DAISYLYN TIROL STO. TOMAS and The SOLICITOR
    GENERAL, Respondents.

    CASE FACTS

     The petitioner, Gerbert Corpuz , is a canadian citizen, married to Daisylyn


    Sto Tomas , a filipino citizen. The respondent was discovered to be having
    an affair with another man , which prompted the petitioner to return to
    Canada and file a petition for divorce.
     2 Years after the divorce , Gerbert has found another Filipina that he wants
    to marry in the Philippines. The petitioner went to the Pasig Civil Registry
    to file the divorce decree from his previous marriage. Gerbert found out
    that his marriage to Daisylyn still subsist under Philippine law
     Gerbert filed a petition for judicial recognition of foreign divorce decree
    with the RTC.
     The RTC denied his petition and concluded that Gerbert was not the proper
    party to institute the action for judicial recognition.
     Gerbert asks for a determination of his rights under the second paragraph of
    Article 26 of the Family Code. Taking into account the rationale behind the
    second paragraph of Article 26 of the Family Code, he contends that the
    provision applies as well to the benefit of the alien spouse.
     The Pasig City Civil Registry Office has already recorded the divorce
    decree on Gerbert and Daisylyn’s marriage certificate based on the mere
    presentation of the decree

    ISSUES

     The petition raises the issue of whether the second paragraph of Article 26
    of the Family Code extends to aliens the right to petition a court of this
    jurisdiction for the recognition of a foreign divorce decree.

    RULING
     We GRANT the petition for review on certiorari, and
    REVERSE the October 30, 2008 decision of the Regional
    Trial Court of Laoag City, Branch 11, as well as its February
    17, 2009 order.
    RATIONALE

    The alien spouse can claim no right under the second paragraph of Article 26 of
    the Family Code as the substantive right it establishes is in favor of the Filipino
    spouse.

    Recognizing the reality that divorce is a possibility in marriages between a


    Filipino and an alien, President Corazon C. Aquino, in the exercise of her
    legislative powers under the Freedom Constitution,19 enacted Executive Order
    No. (EO) 227, amending Article 26 of the Family Code to its present wording,
    as follows:

    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 likewise
    have capacity to remarry under Philippine law.

    only the Filipino spouse can invoke the second paragraph of Article 26 of
    the Family Code; the alien spouse can claim no right under this provision.

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