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    Morisono V LCR, QC

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    Tricia
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    Morisono V LCR, QC

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    Tricia
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    case

    Original Title

    Morisono v LCR, QC

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    case

    Copyright:

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    Download as docx, pdf, or txt
    20 views1 page

    Morisono V LCR, QC

    Uploaded by

    Tricia
    case

    Copyright:

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

    DELA CRUZ-MORISONO v. RYOJI* MORISONO AND LOCAL CIVIL REGISTRAR OF QUEZON CITY.

    G.R. No. 226013, July 02, 2018

    Pursuant to Manalo, foreign divorce decrees obtained to nullify marriages between a Filipino and an alien citizen
    may already be recognized in this jurisdiction, regardless of who between the spouses initiated the divorce;
    provided, of course, that the party petitioning for the recognition of such foreign divorce decree – presumably the
    Filipino citizen – must prove the divorce as a fact and demonstrate its conformity to the foreign law allowing it.

    In this case, a plain reading of the RTC ruling shows that the denial of Luzviminda's petition to have her foreign
    divorce decree recognized in this jurisdiction was anchored on the sole ground that she admittedly initiated the
    divorce proceedings which she, as a Filipino citizen, was not allowed to do. In light of the doctrine laid down in
    Manalo, such ground relied upon by the RTC had been rendered nugatory.

    The rules on divorce prevailing in this jurisdiction can be summed up as follows: first, Philippine laws do not provide
    for absolute divorce, and hence, the courts cannot grant the same; second, consistent with Articles 1511 and 1712 of
    the Civil Code, the marital bond between two (2) Filipino citizens cannot be dissolved even by an absolute divorce
    obtained abroad; third, an absolute divorce obtained abroad by a couple, who are both aliens, may be recognized in
    the Philippines, provided it is consistent with their respective national laws; and fourth, in mixed marriages involving
    a Filipino and a foreigner, the former is allowed to contract a subsequent marriage in case the absolute divorce is
    validly obtained abroad by the alien spouse capacitating him or her to remarry.

    Now, the Court is tasked to resolve whether, under the same provision, a Filipino citizen has the capacity to remarry
    under Philippine law after initiating a divorce proceeding abroad and obtaining a favorable judgment against his or
    her alien spouse who is capacitated to remarry.

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