Maria Rebecca Makapugay Bayot vs Court of Appeals

GR No. 155634 & 163979; November 7, 2008

Topic: Article 26 (2): Lex Loci Celebraciones Rule in Marriage (Exception: Validity of
Divorce Decree)

Case Digest:

Doctrine:
A foreign divorce can be recognized here, provided the divorce decree is proven as a fact and as
valid under the national law of the alien spouse. Given the validity and efficacy of divorce secured
by an alien spouse, the same shall be given a res judicata effect in this jurisdiction.

To determine the validity of the divorce decree obtained abroad, the following must be considered:
a. First, a divorce obtained abroad by an alien married to a Philippine national
may be recognized in the Philippines, provided the decree of divorce is
valid according to the national law of the foreigner;
b. Second, 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 a valid
divorce is obtained abroad; and
c. Third, 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.

Lastly, in order for Article 26 (2) to apply thereby making the Filipino spouse to remarry, the
following twin elements must be present:
1. There is a valid marriage that has been celebrated between a Filipino
citizen and a foreigner; and
2. A valid divorce is obtained abroad by the alien spouse capacitating him
or her to remarry.

Above all, the reckoning point is not the citizenship of the parties at the
time of the celebration of the marriage, but their citizenship at the time
a valid divorce is obtained abroad by the alien spouse capacitating the
latter to remarry.

Facts:
Vicente and Rebecca were married on April 20, 1979 in Mandaluyong City. As shown in the
marriage certificate, Rebecca is 26 years old, born in Guam, USA and an American citizen (both
parents are Americans namely, Cesar Tanchiong and Helen Makapugay). Out of their marriage,
they had a child named Marie Josephine Alexandra or Alix. From then on, their marital relationship
seemed to have soured which prompted Rebecca to initiate divorce proceedings in the Dominican
Republic. The Dominican Court issued a decree ordering the dissolution of their marriage and
leaving them to remarry after completing the legal requirements, but giving them joint custody and
guardianship over Alix.

Thereafter, Rebecca filed the following:

Vicente, on the other hand, filed a Motion to Dismiss alleging that there is no cause of action and
that the petition is barred by the prior judgment of divorce. Rebecca interposed an opposition,
insisting on her Filipino citizenship, as affirmed by the Department of Justice (DOJ), and that,
therefore, there is no valid divorce to speak of.

Meanwhile, Vicente, who had in the interim contracted another marriage, and Rebecca
commenced several criminal complaints against each other. Specifically, Vicente filed adultery
and perjury complaints against Rebecca. Rebecca, on the other hand, charged Vicente with
bigamy and concubinage.

RTC Ruling:
The RTC dismissed Vicente’s Motion to Dismiss and ruled that the divorce judgment is a matter
of defense best taken up during actual trial.

CA Ruling:
The Court of Appeals favored Vicente. It ruled that Rebecca no longer had a legal right in this
jurisdiction to have her marriage with Vicente declared void, the union having previously been
dissolved by a foreign divorce decree specifically the Dominican Republic of which she personally
secured as an American citizen. Pursuant to the second paragraph of Article 26 of the Family
Code, such divorce restored Vicente’s capacity to contract another marriage.

Issue:
Whether or not the marital union has been dissolved by virtue of a foreign decree obtained by
abroad by an alien spouse against a Filipino spouse?

SUPREME COURT:
YES. A foreign divorce can be recognized here, provided the divorce decree is proven as a fact
and as valid under the national law of the alien spouse.

To determine the validity of the divorce decree obtained abroad, the following must be considered:
 a. First, a divorce obtained abroad by an alien married to a Philippine national may
be recognized in the Philippines, provided the decree of divorce is valid according
to the national law of the foreigner;
b. Second, 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 a valid divorce is obtained
abroad; and
c. Third, 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.

Further, in order for Article 26 (2) to apply thereby making the Filipino spouse to remarry, the
following twin elements must be present:
1. There is a valid marriage that has been celebrated between a Filipino citizen
and a foreigner; and
2. A valid divorce is obtained abroad by the alien spouse capacitating him or her
to remarry.

Above all, the reckoning point is not the citizenship of the parties at the time of
the celebration of the marriage, but their citizenship at the time a valid divorce
is obtained abroad by the alien spouse capacitating the latter to remarry.

In this case, Rebecca is an American citizen and remains to be one at the time she applied for
and obtained her divorce from Vicente in the absence of proof of an effective repudiation of such
citizenship. The following are indicative of her American citizenship:
 She was born in Agaa, Guam, USA;
 The principle of jus soli is followed in this American territory granting
American citizenship to those who are born there;
 She was, and may still be, a holder of an American passport; and
 She 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; and (3) when she
secured the divorce from the Dominican Republic even including the
Affidavit of Acknowledgment.

Moreover, being an American citizen, Rebecca was bound by the national laws of the United
States of America, a country which allows divorce. Be this as it may, the fact that Rebecca was
clearly an American citizen when she secured the divorce and that divorce is recognized and
allowed in any of the States of the Union, the presentation of a copy of foreign divorce decree duly
authenticated by the foreign court issuing said decree is, as here, sufficient.

Given the validity and efficacy of divorce secured by Rebecca, the same shall be given a res
judicata effect in this jurisdiction. In effect, the marital vinculum between Rebecca and Vicente is
considered severed; they are both freed from the bond of matrimony. In plain language, Vicente
and Rebecca are no longer husband and wife to each other. Consequent to the dissolution of the
marriage, Vicente could no longer be subject to a husband’s obligation under the Civil Code. He
cannot, for instance, be obliged to live with, observe respect and fidelity, and render support to
Rebecca.

Consequently, Vicente is allowed to remarry since both twin elements are present as provided
under Article 26 (2).

Bar Question:

A, Filipino, married B, American, in Muntinlupa City. During their marriage, they begot a child, C.
When their relationship turned sour, B initiated divorce proceedings in the Dominican Republic
which was subsequently granted. Later on, B filed for declaration of nullity of marriage in the
Regional Trial Court of Makati on the ground of A’s psychological incapacity under Article 36 of
the Family Code. Will the petition prosper?

Answer:
NO. A foreign divorce can be recognized here, provided the divorce decree is proven as a fact
and as valid under the national law of the alien spouse. Her filing an action to declare the nullity
of her marriage to her husband on the ground of the latter’s psychological incapacity under Article
36 of the Family Code is no longer tenable. Given the validity and efficacy of divorce secured by
her, the same shall be given a res judicata effect in this jurisdiction. As an obvious result of the
divorce decree obtained, the marital vinculum between Rebecca and Vicente is considered
severed and they are both freed from the bond of matrimony. Therefore, the petition under Article
36 is dismissible for lack of cause of action.