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GERBERT R. CORPUZ v. DAISYLYN TIROL STO. TOMAS

FACTS:

Gerbert Corpuz, a former Filipino citizen who acquired Canadian citizenship, married Daisylyn Sto. Tomas, a Filipina, in 2005. Gerbert discovered that Daisylyn was having an affair and filed for divorce in Canada, which was granted in 2005. Two years later, Gerbert found another Filipina to love and wanted to marry her in the Philippines. However, he was informed by the National Statistics Office that his marriage to Daisylyn still subsists under Philippine law and the foreign divorce decree must be recognized by a Philippine court. Gerbert filed a petition for judicial recognition of the foreign divorce and/or declaration of marriage as dissolved with the RTC. Daisylyn did not file any response but submitted a notarized letter expressing her desire for the same case. The RTC denied Gerbert's petition, ruling that only the Filipino spouse can file for recognition of the foreign divorce decree. Gerbert appeals to the Court, asserting that the second paragraph of Article 26 of the Family Code applies to aliens as well, allowing him to file the petition.

ISSUES:

  1. Can the alien spouse claim a right under the second paragraph of Article 26 of the Family Code?

  2. Does the foreign divorce decree serve as presumptive evidence of right?

  3. Whether the foreign divorce decree can be recognized in the Philippines.

  4. Whether the divorce decree should be remanded to the RTC for further proceedings.

  5. Whether the registration of a foreign divorce decree in the civil registry requires a judicial recognition.

  6. Whether the proceeding for the cancellation of entries in the civil registry is the proper remedy for the cancellation of a foreign divorce decree.

RULING:

  1. No, the alien spouse cannot claim a right under the second paragraph of Article 26 of the Family Code. The substantive right established by this provision is in favor of the Filipino spouse.

  2. Yes, the foreign divorce decree serves as presumptive evidence of right in favor of the party seeking its recognition in the Philippines.

  3. The Court recognizes that a foreign divorce decree may be recognized in the Philippines, provided that it is valid according to the national law of the alien who obtained the divorce.

  4. The Court deems it appropriate to remand the case to the RTC to determine whether the divorce decree is consistent with the Canadian divorce law. This will allow interested parties to oppose the foreign judgment and prove any grounds for invalidity.

  5. Yes, the registration of a foreign divorce decree in the civil registry requires a judicial recognition. The submission of the decree by itself does not authorize its registration. The law should be read in relation to the requirement of a judicial recognition of the foreign judgment before it can be given res judicata effect.

  6. No, the proceeding for the cancellation of entries in the civil registry is not the proper remedy for the cancellation of a foreign divorce decree. Article 412 of the Civil Code provides that no entry in a civil register shall be changed or corrected without a judicial order. Rule 108 of the Rules of Court supplements Article 412 by providing for a special remedial proceeding specifically for the cancellation or correction of entries in the civil registry.

PRINCIPLES:

  • The second paragraph of Article 26 of the Family Code allows for the recognition of foreign divorce decrees obtained by the alien spouse of a Filipino citizen, thereby capacitating the Filipino spouse to remarry.

  • The legislative intent behind the provision is to benefit the Filipino spouse by clarifying their marital status and settling doubts created by the foreign divorce decree.

  • The provision does not grant any rights to the alien spouse. Their status and legal capacity are generally governed by their national law.

  • An action based on the second paragraph of Article 26 of the Family Code is not limited to the recognition of the foreign divorce decree. If the court finds that the decree capacitated the alien spouse to remarry, the court can declare that the Filipino spouse is likewise capacitated to contract another marriage.

  • The foreign divorce decree, after its authenticity and conformity with the alien's national law have been duly proven, serves as presumptive evidence of right in favor of the party seeking its recognition in the Philippines.

  • In recognizing foreign judgments, our courts do not take judicial notice of them, and their authenticity and effect must be proven as facts.

  • Proof of a foreign divorce decree must be accompanied by the applicable national law of the alien who obtained the divorce.

  • A copy of the foreign divorce decree must be attested by the proper diplomatic or consular officer in the Philippine foreign service stationed in the country where the record is kept, and authenticated by the seal of the officer's office.

  • Recognition of a foreign divorce decree may be made in a specific action or in another action where a party invokes the foreign decree as an integral aspect of their claim or defense.

  • Every precaution must be taken to ensure conformity with Philippine laws before recognition of a foreign judgment, as once recognized, it has the effect of res judicata between the parties.

  • Acts, events, and judicial decrees concerning a person's civil status must be recorded in the civil register. This includes divorce decrees that produce legal consequences regarding a person's legal capacity and status.

  • A foreign divorce decree requires a judicial recognition before it can be registered in the civil registry.

  • Proper judicial proceedings are required for the cancellation or correction of entries in the civil registry.

  • Special proceedings, such as Rule 108 of the Rules of Court, can be used for the recognition and cancellation of a foreign divorce decree.