Bayot Vs CA

MARIA REBECCA MAKAPUGAY BAYOT, petitioner, vs.
THE HONORABLE COURT OF APPEALS

and VICENTE MADRIGAL BAYOT, respondents.
G.R. No. 155635, SECOND DIVISION, November 7, 2008, VELASCO, JR., J.
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. In this case, 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.
FACTS:
Rebecca and Vicente were married on April 20, 1979 in Mandaluyong City. The Marriage
Certificate identified Rebecca to be an American citizen born in Agaña, Guam, USA, to American
parents. They have one child together named Marie Josephine Alexandra or Alix. As their
relationship soured, Rebecca initiated divorce proceedings in the Court of First Instance of the
Dominican Republic which ordered the dissolution of the couple's marriage but gave them joint
custody and guardianship over Alix.
A month after, Rebecca filed a petition before the Muntinlupa City RTC for declaration of
absolute nullity of marriage, and dissolution of the conjugal partnership of gains with
application for support pendente lite for her and Alix. Vicente filed a Motion to Dismiss on the
grounds of lack of cause of action and that the petition is barred by the prior judgment of
divorce. In opposition, Rebecca insisted on her Filipino citizenship, therefore, there is no valid
divorce to speak of.
The RTC granted Rebecca's application for support pendente lite. The CA, however, granted
Vicente’s petition for certiorari, with prayer for temporary restraining order (TRO) and writ of
preliminary injunction. The CA later dismissed Rebecca’s petition for lack of cause of action and
set aside incidental orders of the RTC issued in relation to the case. Rebecca filed a petition for
review on certiorari.
ISSUE:
1. Whether or not Rebecca was a Filipino citizen at the time the divorce judgment was rendered
in the Dominican Republic.
2. Whether or not the judgment of divorce is valid.
RULING:
1. No. There can be no serious dispute that Rebecca, at the time she applied for and obtained
her divorce from Vicente, was an American citizen and remains to be one, absent proof of
an effective repudiation of such citizenship. The following are compelling circumstances
indicative of her American citizenship: (1) she was born in Agaña, Guam, USA; (2) the
principle of jus soli is followed in this American territory granting American citizenship to
those who are born there; and (3) she was, and may still be, a holder of an American
passport.
And as aptly found by the CA, Rebecca had 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.
Rebecca’s reliance on the identification certificate issued her by the Bureau of Immigration
is untenable as there is a strong valid reason to conclude that the certificate in question is
spurious. It is indubitable that Rebecca did not have that status of, or at least was not yet
recognized as, a Filipino citizen when she secured the February 22, 1996 judgment of
divorce from the Dominican Republic.
2. Yes. The Court has taken stock of the holding in Garcia v. Recio that 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. 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. As an obvious result of the divorce decree obtained, 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 code.

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MARIA REBECCA MAKAPUGAY BAYOT, petitioner, vs.

THE HONORABLE COURT OF APPEALS

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