CORPUZ V. STO. TOMAS G.R. NO.

186571, 11 AUGUST 2010 FACTS: Gerbert Corpuz (Gerbert) was a former Filipino citizen who acquired Canadian citizenship through naturalization. He later married a Filipina !ais"l"n #to. $omas (!ais"). Gerbert left for Canada soon after the wedding because of his wor%. He returned after & months to surprise !ais" but disco'ered that she was ha'ing an affair with another man. Hurt and disappointed Gerbert returned to Canada and filed a petition for di'orce. $he #uperior Court of (ustice in )ntario Canada granted his petition for di'orce. * "ears after the di'orce Gerbert found another Filipina to lo'e. Gerbert went to the Ci'il +egistr" )ffice and registered the Canadian di'orce decree on his and !ais",s marriage certificate. !espite the registration of the di'orce decree an official of the -ational #tatistics )ffice (-#)) informed him that the marriage between him and !ais" still subsists under .hilippine law. $o be enforceable the foreign di'orce decree must first be /udiciall" recognized b" a competent .hilippine court pursuant to a -#) Circular. Gerbert filed a petition for /udicial recognition of foreign di'orce and0or declaration of marriage as dissol'ed with the +$C. !ais" did not file an" responsi'e pleading and offered no opposition to the petition. 1n fact !ais" alleged her desire to file a similar case but was pre'ented b" financial constrains. #he thus requested that she be considered as a part"2in2interest with a similar pra"er to Gerbert,s. $he +$C denied Gerbert,s petition. $he +$C concluded that Gerbert was -)$ $H3 .+).3+ .4+$5 to institute the action for /udicial recognition of the foreign di'orce decree as he is a -4$6+47183! C4-4!14- C1$183-. 1t ruled that )-75 $H3 F171.1-) spouse can a'ail of the remed" under 4rt. *9 :* of the Famil" Code.; ISSUE: <)- 4rt. *9 :* e=tends to aliens the right to petition a court of this /urisdiction for the recognition of a foreign di'orce decree. HELD: NO. $he alien spouse can claim no right under 4rt. *9 :* of the Famil" Code as the substanti'e right it establishes is in fa'or of the F171.1-) #.)6#3.

4rt. *9 :* was included in the law to a'oid the absurd situation where the Filipino spouse remains married to the alien spouse who after obtaining a di'orce is no longer married to the Filipino spouse. $he legislati'e intent is for the benefit of the Filipino spouse b" clarif"ing his or her marital status settling the doubts created b" the di'orce decree. 3ssentiall" 4rt. *9 :* pro'ided the Filipino spouse a substanti'e right to ha'e his or her marriage to the alien spouse considered as dissol'ed capacitating him or her to remarr". <ithout 4rt. *9 :* the /udicial recognition of the foreign decree of di'orce whether in a proceeding instituted precisel" for that purpose or as a related issue in another proceeding would be of no significance to the Filipino spouse since our laws do not recognize di'orce as a mode of se'ering the marital bond. 4n action based on 4rt. *9 :* is not limited to the recognition of the foreign di'orce decree. 1f the court finds that the decree capacitated the alien spouse to remarr" the courts can declare that the Filipino spouse is li%ewise capacitated to contract another marriage. Howe'er no .hilippine court can ma%e a similar declaration for the alien spouse whose status and legal capacit" are generall" go'erned b" his national law.

4rt. *9. 4ll marriages solemnized outside the .hilippines in accordance with the laws in force in the countr" where the" were solemnized and 'alid there as such shall also be 'alid in this countr" e=cept those prohibited under 4rticles >? (;) (&) (?) and (9) >9>@ and >A. (;@a) <here a marriage between a Filipino citizen and a foreigner is 'alidl" celebrated and a di'orce is thereafter 'alidl" obtained abroad b" the alien spouse capacitating him or her to remarr" the Filipino spouse shall ha'e capacit" to remarr" under .hilippine law. (4s amended b" 3=ecuti'e )rder **@)

CIVIL LAW REVIEW ATT!. MEL STA. MARIA MAR" #OREL O. CALIDA