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    Galapon vs. ROP - Case Digest

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    Rosalito Lepiten
    This document summarizes a Supreme Court case regarding the validity of Article 26 paragraph 2 of the Family Code of the Philippines. Cynthia Galapon, a Filipino woman, sought recognition of her divorce from her Korean husband that occurred in Korea. The Office of the Solicitor General argued the divorce should not be recognized, claiming the article was unconstitutional. The Supreme Court ruled that the divorce was valid under Article 26 paragraph 2, as it allows Filipino spouses divorced abroad due to mutual agreement to remarry in the Philippines. The Court found the divorce was granted properly under Korean law, so the article applies and the divorce should be recognized.

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    Galapon vs. ROP - Case Digest

    Uploaded by

    Rosalito Lepiten
    59 views1 page
    This document summarizes a Supreme Court case regarding the validity of Article 26 paragraph 2 of the Family Code of the Philippines. Cynthia Galapon, a Filipino woman, sought recognition of her divorce from her Korean husband that occurred in Korea. The Office of the Solicitor General argued the divorce should not be recognized, claiming the article was unconstitutional. The Supreme Court ruled that the divorce was valid under Article 26 paragraph 2, as it allows Filipino spouses divorced abroad due to mutual agreement to remarry in the Philippines. The Court found the divorce was granted properly under Korean law, so the article applies and the divorce should be recognized.

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    Galapon Vs. ROP_Case digest

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    This document summarizes a Supreme Court case regarding the validity of Article 26 paragraph 2 of the Family Code of the Philippines. Cynthia Galapon, a Filipino woman, sought recognition of her divorce from her Korean husband that occurred in Korea. The Office of the Solicitor General argued the divorce should not be recognized, claiming the article was unconstitutional. The Supreme Court ruled that the divorce was valid under Article 26 paragraph 2, as it allows Filipino spouses divorced abroad due to mutual agreement to remarry in the Philippines. The Court found the divorce was granted properly under Korean law, so the article applies and the divorce should be recognized.

    Copyright:

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

    Galapon vs. ROP - Case Digest

    Uploaded by

    Rosalito Lepiten
    This document summarizes a Supreme Court case regarding the validity of Article 26 paragraph 2 of the Family Code of the Philippines. Cynthia Galapon, a Filipino woman, sought recognition of her divorce from her Korean husband that occurred in Korea. The Office of the Solicitor General argued the divorce should not be recognized, claiming the article was unconstitutional. The Supreme Court ruled that the divorce was valid under Article 26 paragraph 2, as it allows Filipino spouses divorced abroad due to mutual agreement to remarry in the Philippines. The Court found the divorce was granted properly under Korean law, so the article applies and the divorce should be recognized.

    Copyright:

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

    Lepiten Rosalito P.

    PL4A
    CYNTHIA A. GALAPON vs. REPUBLIC OF THE PHILIPPINES
    G.R No. 243722 (Formerly UDK-16060) January 22, 2020. CAGUIOA, J:

    SUBJECT: Definition of article 26 paragraph 2 of the family code of the Philippines

    FACTS:

    This is to testify the legality of article 26 paragraph 2 of the family code of the Philippines, which
    is challenged by the dissolution of marriage of a Filipino spouse and her foreign husband where
    the divorce happened in the country of her foreign husband.

    Article 26 paragraph 2 of the family code of the Philippines gives the right or capacity to a
    filipino spouse married and got divorced to a foreigner which gives him or her the right or
    capacity to remarry again under the Philippine law.

    Cynthia GALAPON seeks for the recognition of her divorce with her Korean husband Park that
    their divorce should be recognized here in the Philippines. But the OSG (office of the solicitor
    general) contradicted the decision from being recognized because it believed that it was
    unconstitutional through lack of merit. That the divorce is a mutual agreement of the spouse and
    cannot be applied to the article 6 paragraph 2 of the family code of the Philippines.

    ISSUE:

    Whether the divorce made through mutual agreement of the couple in the country of the foreign
    spouse is still valid under Article 6 paragraph 2 of the Family Code of the Philippines.

    RULING:

    Yes, the divorce made in the country of the foreign spouse is recognized here in the Philippines.
    Because it is an application of Article 26 [2] of the family code.

    The article 26 paragraph 2 of the family code of the Philippines is applicable for the recognition
    of the divorce. Since the divorce is made through mutual agreement of the foreign spouse, the
    statute precisely means that it is only for the freedom of the Filipino spouse who got divorced
    from her foriegn spouse in order for him\her not to be tied up in their marriage. That the statute
    gives her the right to remarry again under the Philippine law is simply because the divorced
    happened in the country of the foreign spouse and is also granted in the scope of the Korean
    Civil Code to have a mutual agreement for a divorcement.

    The CA is correct in granting and dismissing a petition for recognition filed by GALAPON.

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