Bayot v.

CA W/N a divorce obtained abroad by an alien married to a Philippine national

may be recognized in the Philippines – YES
FACTS:
Vicente and Rebecca got married on April 20, 1979 in Sanctuario de San RATIO:
Jose, Greenhills, Mandaluyong City. The Marriage Certificate identified The divorce decree in question also brings into play the second paragraph of
Rebecca, then 26 years old, to be an American citizen born in Agaña, Art. 26 of the Family Code, providing as follows:
Guam, USA to Cesar Tanchiong Makapugay, American, and Helen Corn
Makapugay, American. Art. 26. x x x x
On November 27, 1982 in San Francisco, California, Rebecca gave birth to Where a marriage between a Filipino citizen and a foreigner is validly
Marie Josephine Alexandra or Alix. celebrated and a divorce is thereafter validly obtained abroad by the
The Marital Relationship between the two eventually soured.
alien spouse capacitating him or her to remarry, the Filipino spouse
A Divorce proceeding was initiated in the CFI of the Dominican Republic.
Rebecca personally appeared before the court while Vicente was duly shall likewise have capacity to remarry under Philippine law. (As
represented by counsel. On February 22, 1996, the Dominican court issued amended by E.O. 227)
Civil Decree No. 362/96, ordering the dissolution of the couple's The twin elements for the application of Paragraph 2 of Article 26 as
marriage and "leaving them to remarry after completing the legal follows:
requirements," but giving them joint custody and guardianship over Alix. There is a valid marriage that has been celebrated between a Filipino
Over a year later, the same court would issue Civil Decree No. 406/97, citizen and a foreigner; and
settling the couple's property relations pursuant to an Agreement they
A valid divorce is obtained abroad by the alien spouse capacitating him
executed on December 14, 1996. The agreement stated that the "conjugal
property which they acquired during their marriage consist[s] only of the or her to remarry.
real property and all the improvements and personal properties therein Rebecca, at the time she applied for and obtained her divorce from Vicente,
contained at 502 Acacia Avenue, Alabang, Muntinlupa. was an American citizen and remains to be one, absent proof of an effective
Less than a month after the issuance of the decree, Rebecaa filed with the repudiation of such citizenship. The following are compelling
RTC of Makati City a petition for Declaration of Nullity of Marriage circumstances indicative of her American citizenship: (1) she was born in
which she later on moved and secured approval of the motion to withdraw Agaña, Guam, USA; (2) the principle of jus soli is followed in this
the petition.
American territory granting American citizenship to those who are born
On May 29, 1996, Rebecca executed an Affidavit of Acknowledgment
stating under oath that she is an American citizen; that, since 1993, she and there; and (3) she was, and may still be, a holder of an American passport.
Vicente have been living separately; and that she is carrying a child not of
Vicente. And as aptly found by the CA, Rebecca had consistently professed,
On March 21, 2001, Rebecca filed a petition with the RTC of Muntinlupa asserted, and represented herself as an American citizen, particularly:
City for declaration of absolute nullity of marriage on the ground of (1) during her marriage as shown in the marriage certificate; (2) in the
psychological incapacity of Vicente and for dissolution of the conjugal birth certificate of Alix; and (3) when she secured the divorce from the
partnership of gains and for support pendete lite for her and Alix. Dominican Republic. Mention may be made of the Affidavit of
Vicente filed a Motion to Dismiss for lack of cause of action because the
Acknowledgment34 in which she stated being an American citizen.
petition was barred by the prior judgment of divorce. Rebecca interposed an
opposition insisting on her Filipino Citizenship as affirmed by the DOJ and
From the text of ID Certificate No. RC 9778, the following material facts
that there is no valid divorce. In the interim Vicente contracted another
marriage. and dates may be deduced: (1) Bureau Associate Commissioner Jose B.
The RTC issued an Order denying Vicente's motion to dismiss Civil Case Lopez issued the Order of Recognition on October 6, 1995; (2) the 1st
No. 01-094 and granting Rebecca's application for support pendente lite. Indorsement of Secretary of Justice Artemio G. Tuquero affirming
Rebecca's recognition as a Filipino citizen was issued on June 8, 2000 or
ISSUE/s: almost five years from the date of the order of recognition; and (3) ID
Certificate No. RC 9778 was purportedly issued on October 11, 1995 after least, she chose, before, during, and shortly after her divorce, her American
the payment of the PhP 2,000 fee on October 10, 1995 per OR No. citizenship to govern her marital relationship. She secured personally said
5939988. divorce as an American citizen, as is evident in the text of the Civil
Decrees issued by the Dominican Court. As an American citizen, Rebecca
What begs the question is, however, how the above certificate could was bound by the national laws of the United States of America, a country
have been issued by the Bureau on October 11, 1995 when the which allows divorce. The property relations of Vicente and Rebecca were
Secretary of Justice issued the required affirmation only on June 8, properly adjudicated through their Agreement executed on December 14,
2000. No explanation was given for this patent aberration. There seems 1996 after Civil Decree No. 362/96 was rendered on February 22, 1996, and
to be no error with the date of the issuance of the 1st Indorsement by duly affirmed by Civil Decree No. 406/97 issued on March 4, 1997.
Secretary of Justice Tuquero as this Court takes judicial notice that he Veritably, the foreign divorce secured by Rebecca was valid.
was the Secretary of Justice from February 16, 2000 to January 22,
2001. There is, thus, a strong valid reason to conclude that the A foreign divorce can be recognized here, provided the divorce decree is
certificate in question must be spurious. proven as a fact and as valid under the national law of the alien spouse.
Rebecca was clearly an American citizen when she secured the divorce and
When Divorce Was Granted Rebecca, She was not a Filipino that divorce is recognized and allowed in any of the States of the Union.
Citizen and was not Yet Recognized as One The presentation of a copy of foreign divorce decree duly authenticated by
the foreign court issuing said decree is, as here, sufficient.
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 As the records show, Rebecca, assisted by counsel, personally secured the
February 22, 1996 judgment of divorce from the Dominican Republic. foreign divorce while Vicente was duly represented by his counsel, a certain
The Court pointed out that Rebecca voluntarily withdrew her original Dr. Alejandro Torrens, in said proceedings. As things stand, the foreign
petition for declaration of with the RTC of Makati City obviously
divorce decrees rendered and issued by the Dominican Republic court are
because she could not show proof of her alleged Filipino citizenship
then. In fact, a perusal of that petition shows that, while bearing the valid and, consequently, bind both Rebecca and Vicente.
date January 26, 1996, it was only filed with the RTC on March 14,
1996 or less than a month after Rebecca secured, on February 22, The fact that Rebecca may have been duly recognized as a Filipino citizen
1996, the foreign divorce decree in question. Consequently, there by force of the June 8, 2000 affirmation by Secretary of Justice Tuquero of
was no mention about said divorce in the petition. Significantly, the the October 6, 1995 Bureau Order of Recognition will not, standing alone,
only documents appended as annexes to said original petition were: work to nullify or invalidate the foreign divorce secured by Rebecca as an
the Vicente-Rebecca Marriage Contract (Annex "A") and Birth American citizen on February 22, 1996. In determining whether or not a
Certificate of Alix (Annex "B"). If indeed ID Certificate No. RC 9778
divorce secured abroad would come within the pale of the country's
from the Bureau was truly issued on October 11, 1995, is it not but
logical to expect that this piece of document be appended to form policy against absolute divorce, the reckoning point is the citizenship of
part of the petition, the question of her citizenship being crucial to her the parties at the time a valid divorce is obtained.
case?

Validity of Divorce Decree

At the time of the divorce, Rebecca was still to be recognized, assuming for
argument that she was in fact later recognized, as a Filipino citizen, but
represented herself in public documents as an American citizen. At the very