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    #26 Pilapil VS. Ibay-Somera

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    Vicente Ang
    1) This case involves a marriage between a Filipina woman, Imelda Pilapil, and a German man, Erich Geiling, that ended in divorce in Germany. 2) Erich Geiling filed for and was granted a divorce from Imelda Pilapil by a German court based on failure of their marriage and living apart. 3) After the divorce was granted, Erich Geiling filed criminal complaints for adultery against Imelda Pilapil, alleging she had affairs while still married. However, the court ruled the divorce decree dissolved the marriage, so the adultery complaints must be dismissed as Erich Geiling was no longer her spouse.

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    #26 Pilapil VS. Ibay-Somera

    Uploaded by

    Vicente Ang
    51 views1 page
    1) This case involves a marriage between a Filipina woman, Imelda Pilapil, and a German man, Erich Geiling, that ended in divorce in Germany. 2) Erich Geiling filed for and was granted a divorce from Imelda Pilapil by a German court based on failure of their marriage and living apart. 3) After the divorce was granted, Erich Geiling filed criminal complaints for adultery against Imelda Pilapil, alleging she had affairs while still married. However, the court ruled the divorce decree dissolved the marriage, so the adultery complaints must be dismissed as Erich Geiling was no longer her spouse.

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    1) This case involves a marriage between a Filipina woman, Imelda Pilapil, and a German man, Erich Geiling, that ended in divorce in Germany. 2) Erich Geiling filed for and was granted a divorce from Imelda Pilapil by a German court based on failure of their marriage and living apart. 3) After the divorce was granted, Erich Geiling filed criminal complaints for adultery against Imelda Pilapil, alleging she had affairs while still married. However, the court ruled the divorce decree dissolved the marriage, so the adultery complaints must be dismissed as Erich Geiling was no longer her spouse.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    51 views1 page

    #26 Pilapil VS. Ibay-Somera

    Uploaded by

    Vicente Ang
    1) This case involves a marriage between a Filipina woman, Imelda Pilapil, and a German man, Erich Geiling, that ended in divorce in Germany. 2) Erich Geiling filed for and was granted a divorce from Imelda Pilapil by a German court based on failure of their marriage and living apart. 3) After the divorce was granted, Erich Geiling filed criminal complaints for adultery against Imelda Pilapil, alleging she had affairs while still married. However, the court ruled the divorce decree dissolved the marriage, so the adultery complaints must be dismissed as Erich Geiling was no longer her spouse.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Imelda Manalaysay Pilapil, petitioner,

    Vs. Hon. Corona Ibay-Somera, Hon. Luis C. Victor,


    And Erich Ekkehard Geiling, respondents
    G.R. No. 80116 June 30, 1989
    Facts:
    The case pertains the marriage of a Filipina, Imelda Manalaysay and a German
    national, Erich Ekkehard Geiling which ended in a foreign absolute divorce. They were
    married before the Registrar of Births, Marriages and Deaths at Friedenweiler, Federal
    Republic of Germany.
    The marriage started auspiciously enough, the couple lived in Malate, Manila for
    some time, where their only child, Isabella Pilapil Geiling was born. Thereafter, marital
    discord set in. It was followed by a separation de facto.
    Private respondent initiated a divorce proceeding against petitioner in Germany
    before the Schoneberg Local Court. He claimed that there were was failure of their
    marriage and that they have been living apart.
    Schoneberg Local Court, Federal Republic of Germany, promulgated a decree of
    divorce on the ground of failure of marriage of the spouses. German law said court was
    locally and internationally competent for the divorce proceeding and that the dissolution
    of said marriage was legally founded on and authorized by the applicable law of that
    foreign jurisdiction.
    More than five months after the issuance of the divorce decree, private respondent
    filed two complaints for adultery alleging that, while still married to said respondent,
    petitioner had an affair with a certain William Chia and Jesus Chua. After corresponding
    investigation, it was recommended to be dismissed on the ground of insufficiency of
    evidence. However, the respondent city fiscal approved a resolution and directing the
    filing of the two complaints for adultery.
    Issue:
    Whether the resolution be set aside.
    Whether the petitioner be charged of adultery.
    Ruling:
    Yes, the resolution should be set aside, and No, the petitioner should be dismissed
    of adultery. It is because of Nationality Theory wherein the final divorce decree under the
    private respondent’s national law have already been obtained and was no longer the
    offended spouse prior to his filing the criminal complaint.

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