GERBERT R. CORPUZ, vs. DAISYLYN TIROL STO.

TOMAS

G.R. No. 186571

August 11, 2010

FACTS:

Petitioner Gerbert Corpuz is a former Filipino citizen who became a Canadian citizen through
naturalization. Subsequently, petitioner married respondent Daisylyn Sto. Tomas, a Filipina, in
Pasig City. After the wedding, petitioner went back to Canada due to work commitments;
however, when he came back he was shocked to discover that respondent is having an affair with
another man. Thus, petitioner went back to Canada and filed a petition for divorce. The Superior
Court of Justice, Windsor, Ontario, Canada granted the petitioners petition for divorce, which
took effect a month later, January 8, 2006. Two years later, petitioner has already moved on and
found another woman that he wants to marry. Thus, for his love to his fiance; petitioner went to
the Pasig Civil Registry Office and registered the Canadian divorce decree on his and
respondents marriage certificate. Despite the registration of the divorce decree, an official of the
NSO informed petitioner that the marriage between him and respondent still subsists under
Philippine Law and to be enforceable, the foreign divorce decree must first be judicially
recognized by a competent PH court, pursuant to NSO Circular No. 4, Series of 1982.
Accordingly, the petitioner filed a petition for judicial recognition of foreign divorce and/or
declaration of marriage dissolved with the RTC. The RTC denied his petition, hence this recourse
by petitioner.

ISSUE:

WON the second par. of Art. 26 of the FC extends to aliens the right to petition a court of this
jurisdiction for the recognition of a foreign divorce decree.

HELD:

NO. The second par. of Art. 26 of the FC bestows no rights in favor of aliens BUT the foreign
divorce decree obtained by such alien, may be proven in court and recognized according to our
rules of evidence. Thus, it serves as a presumptive evidence of right in favor of the alien,
pursuant to Sec. 48, Rule 39 of the Rules of Court which provides for the effect of foreign
judgments.