CORPUZ v. TIROL STO. TOMAS AND THE SOLICITOR GENERAL
(G.R. No. 186571, 11 August 2010)
FACTS:
Petitioner Corpuz, a naturalized Canadian citizen married respondent Sto. Tomas but subsequently filed for divorce in Canada which was granted by the Court Justice of Windsor, Ontario, Canada. Two years later, Corpuz fell in love with another Filipina. He went to Civil Registry Office of Pasig City to register the Canadian divorce decree on his marriage certificate with Sto. Tomas. However, despite the registration, an official of National Statistics Office informed Corpuz that the former marriage still subsists under the Philippine law until there has been a judicial recognition of the Canadian divorce decree by a competent judicial court in view of NSO Circular No. 4, series of 1982.
Consequently, he filed a petition for judicial recognition of foreign divorce and/or declaration of dissolution of marriage with the RTC. However, the RTC denied the petition reasoning out that Corpuz cannot institute the action for judicial recognition of the foreign divorce decree because he is a naturalized Canadian citizen. It was provided further that Sto. Tomas was the proper party who can institute an action under the principle of Article 26 of the Family Code which capacitates a Filipino citizen to remarry in case the alien spouse obtains a foreign divorce decree. Hence, this petition.
ISSUE:
Whether the second paragraph of Article 26 of the Family Code grant aliens the right to institute a petition for judicial recognition of a foreign divorce decree.
RESOLUTION:
No. The second paragraph of Article 26 of the Family Code bestows no rights in favor of aliens BUT the foreign divorce decree obtained by such alien, may be proven in court and recognized according to our rules of evidence. Thus, it serves as a presumptive evidence of right in favor of the alien, pursuant to Section 48, Rule 39 of the Rules of Court which provides for the effect of foreign judgments.
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