BAYOT v.
CA (2008) (1) A divorce obtained abroad by an alien married to a Philippine
G.R. No. 155635
J. Velasco, Jr.
FACTS: Vicente Bayot and Rebecca Bayot were married on April 20, 1979,
in Sanctuario de San Jose, Greenhills, Mandaluyong City. On the marriage
certificate, Rebecca was identified as an American Citizen born in Guam,
USA.
Later, Rebecca gave birth to Marie Josephine Alexandra or Alix in San
Francisco, California. This was also the time when the marriage of the
Spouses turned sour. Rebecca then later initiated divorce proceedings in
the Dominican Republic. Rebecca personally appeared before the court
and Vicente was duly represented by counsel.
The Dominican court ordered the dissolution of the couple’s marriage and
settled the couple’s property relations pursuant to an Agreement they
executed. The only “conjugal property” found by the Dominican court was
their house in Alabang, Muntinlupa.
Rebecca later filed with the RTC of Makati a petition for the declaration of
nullity of marriage which was later withdrawn. Rebecca filed another
petition but this time, before the RTC of Muntinlupa City, for the declaration
of absolute nullity of marriage on the ground of Vicente’s alleged
psychological incapacity. Rebecca likewise sought for the dissolution of the
conjugal partnership of gains with application for support pendente lite for
her and Alix.
Vicente, however, file a Motion to Dismiss on the ground of lack of cause of
action and that the petition is barred by the prior judgment of divorce.
Rebecca, on the other hand, argues that since she was already a Filipino
Citizen as affirmed by the DOJ, there is no valid divorce to speak of.
ISSUE: Whether there was a valid divorce?
RULING: Yes, there was a valid divorce.
The following doctrines must be noted:
national may be recognized in the Philippines, provided the decree
of divorce is valid according to the national law of the foreigner.
- The divorce decree must be proven as a fact and as valid under
the national law of the alien spouse.
- The presentation of a copy of foreign divorce decree duly
authenticated by the foreign court issuing said decree is
sufficient.
(2) The reckoning point is not the citizenship of the divorcing parties at
birth or at the time of marriage, but their citizenship at the time of
the valid divorce was obtained abroad.
(3) An absolute divorce secured by a Filipino married to another
Filipino is contrary to our concept of public policy and morality and
shall not be recognized in this jurisdiction.
Rebecca is an American citizen when she obtained the divorce decree.
The following circumstances were indicative of her American citizenship:
(1) She was born in Guam.
(2) The principle of jus soli is followed in this American territory granting
American citizenship to those who are born there.
(3) She was, and may still be, a holder of an American passport.
Rebecca had also consistently professed, asserted, and represented
herself as an American citizen, particularly:
(1) During her marriage as shown in the marriage certificate
(2) In the birth certificate of Alix
(3) When she secured the divorce from the Dominican Republic.
The DOJ Affirmation of her Filipino citizenship was spurious.
The Court observed that the certification of the DOJ was issued first before
the required affirmation of the Secretary of Justice. The Certificate was
actually issued 5 years prior to the affirmation of the Secretary of Justice
without any explanation.
Validity of the Divorce Decree
Since Rebecca was still an American citizen at the time she obtained the
divorce decree, her American citizenship should govern her marital
relationship. Rebecca was bound by the national laws of the United States
of America, a country which allows divorce. Furthermore, the property
relations of Vicente and Rebecca were properly adjudicated through their
Agreement which was validly affirmed in the foreign courts.
The parties in this case never denied, in fact admitted, the existence of the
divorce decree. None of them impeached the jurisdiction of the divorce
court nor challenged the validity of its proceedings on the ground of
collusion, fraud, or clear mistake of fact or law, albeit both appeared to
have the opportunity to do so. The same holds true with respect to the
decree of partition of their conjugal property. Thus, the foreign divorce
decrees rendered by the Dominican Republic court are valid and,
consequently, bind both Rebecca and Vicente.
Rebecca and Vicente are no longer married. Rebecca, thus, have no cause
of action in instating the petition for declaration of nullity of marriage and
she is also estopped from asserting that her and Vicente’s conjugal
property was not limited to their family home in Ayala Alabang. The divorce
decree and property agreement executed and affirmed in Dominical
Republic is binding on the two of them.
OTHER NOTES:
As to Alix’ claim of support
The Court held that Alix already reached the age of majority when her
mother instituted the petition for the declaration of nullity of marriage. The
issue on back support and education support should be best litigated in a
separate civil action for reimbursement.