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  • Pilapil vs. Ibay-Somera 174 SCRA 653 (1989) Facts

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    ladyJuris
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    Pilapil vs Ibay

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    76 views2 pages

    Pilapil vs. Ibay-Somera 174 SCRA 653 (1989) Facts

    Uploaded by

    ladyJuris
    case

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 2

    PILAPIL vs.

    IBAY-SOMERA 174 SCRA 653 (1989) FACTS:


    Imelda Pilapil and Erich Geiling were married and subsequently obtained divorce in Germany where the husband is a citizen. After six months from divorce, the husband filed for two cases for adultery in the City of Manila against the former wife.

    ISSUE:
    Whether or not the action will prosper.

    HELD:
    No. the marriage must be existing at the time of the filing of the complaint. The divorce being valid according to the German law is also recognized by the court as valid and there is no marriage to talk about. Imelda is not the wife of Erich at the time of the filing of the said complaints.

    RELATED NEW CIVIL CODE PROVISION: ARTICLE 15

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