Gorayeb Vs Hashim Digest

Gorayeb vs. Hashim (1927) Nature: Appeal by way of certiorari to the decision of Court of Appeals.
Facts: Plaintiff Gorayeb and defendant Hashim were married in Syria. They were separated in fact for more than twelve years. The Plaintiff instituted civil case No. 19115 in the CFI to compel the defendant to pay her alimony. The Court of First Instance on December 24, 1923 decided in favour of the Plaintiff awarding her alimony of P500.00 per month While the decision of the plaintiffs claim of support was still undetermined, the defendant went to the United States where he was able to procure a divorce decree from the State of Nevada. He went back to the Philippines and the plaintiff filed a motion in civil case No. 19115, alleging that the defendant had failed to pay the pension of P500 per month, which had been awarded to her in the decision of December 24, 1923, and praying that he be adjudged to be in contempt of court and that he be fined and sentenced to imprisonment for six months and until he should comply with the order. As defense , the defendant pleaded the divorce decree from Nevada, asserting that because of the such decree his marriage to the plaintiff was already dissolved therefore releasing him from the judgment of the lower court . The Court of appeals decided that despite the divorce decree the defendant should continue paying the plaintiff P100 per month. Issue: 1. Whether or not the foreign decree of divorce should be recognized by Philippine court. 2. Whether or not there is still a need of an affirmative action or a special proceeding in order for our courts to recognize a foreign decree of divorce. Ruling: Issue #1. No. In Ramirez vs. Gmur (42 Phil., 855) xxx. the court of a country in which neither of the spouses is domiciled and to which one or both of them may resort merely for the purpose of obtaining a divorce has no jurisdiction to determine their matrimonial status; and a divorce granted by such a court is not entitled to recognition elsewhere. The voluntary appearance of the defendant before such a tribunal does not invest the court with jurisdiction. In the same case this court went on to say: "It follows that, to give a court jurisdiction on the ground of the plaintiff's residence in the State or country of the judicial forum, his residence must be bona fide. If a spouse leaves the family domicile and goes to another State for the sole purpose of obtaining a divorce, and with no intention of remaining, his residence there is not sufficient to confer jurisdiction on the courts of that State. This is especially true where the cause of divorce is one not recognized by the laws of the State of his own domicile. Issue # 2. No
Section 309 of the Code of the Civil Procedure, declaring that a judgment obtained in an American court shall have the same effect in the Philippine Islands as in the place where such judgment was obtained, contains a qualification expressed in the following words: "except that it can only be enforce here by an action or special proceeding." In the case at bar,xxx.. it will be remembered that the defendant pleaded the decree of divorce by way of defense in his answer; and if the decree of divorce had been such as to have entitled it to recognition here, the defendant could in our opinion have obtained the benefit of it in this action. The provision in question no doubt contemplates primarily the situation where affirmative action has to be taken in the Philippine Islands to give effect to the foreign judgment as where the plaintiff desires to obtain execution upon property in these Islands to satisty a judgment obtained abroad. But a decree of divorce operates on the marriage status; and if effective at all, it dissolves the marriage tie, without the necessity of any affirmative proceeding in any other court. At any rate, all that was intended to be secured by the provision requiring an action or proceeding here was that the courts of this country should have an opportunity to pass judicially upon the efficacy of the judgment. This purpose is accomplished as well where the foreign judgment is relied upon in an answer and duly proved, as where the original action is actually brought by the holder of the judgment. It could not have been intended by the authors of section 309 that the holder of the foreign judgment must be deprived of the benefit of it merely because he happens to be defendant rather than plaintiff in an action brought in our courts.

Gorayeb Vs Hashim Digest

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Gorayeb vs. Hashim (1927) Nature: Appeal by way of certiorari to the decision of Court of Appeals.

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