BAYOT VS CA G.R. NO.

155635
Posted by kaye lee on 6:57 PM
G.R. No. 155635 November 7, 2008
FACTS:
On April 20, 1979, Vicente, a Filipino, and Rebecca, an American, were married in Muntinlupa.
They had a child name Alix, born in November 27, 1982 in California.
In February 22, 1996, Rebecca initiated divorce proceedings in Dominican Republic, which was
docketed as Civil Decree No. 362/96 ordering the dissolution of the marriage. The same court
also issued Civil Decree No. 406/97 settling the couple's conjugal property in Muntinlupa in March
4, 1997.
She then filed a declaration of absolute nullity of marriage on the ground of Vicente's alleged
psychological incapacity,docketed as Civil Case No. 01-094. She sought dissolution of the
conjugal partnerships of gains with application for support pendente lite for her and Alix. She
also prayed that Vicente be ordered to pay a permanent monthly support for their daughter Alix
in the amount of P 220,000.00.
On June 8, 2001, Vicente filed a Motion to Dismiss on the grounds of lack of cause of action and
that the petition is barred by the prior judgment of divorce.
RTC denied Vicente's motion to dismiss. CA dismissed Civil Case No. 01-094 and set aside RTC's
incidental orders. According the the CA, RTC ought to have granted Vicente's motion to dismiss,
since the marriage between the spouses is already dissolved when the divorce decree was
granted since Rebecca was an American citizen when she applied for the decree.
Issue:
Whether or not the divorce decree obtained by Rebecca in Dominican Republic is valid.
Ruling:
Yes. Civil Decrees No. 362/96 and 406/97 are valid.
Rebecca at that time she applied and obtained her divorce was an American citizen and remains
to be one, being born to American parents in Guam, an American territory which follows the
principle of jus soli granting American citizenship to those who are born there. She was, and still
may be, a holder of American passport.
She had consistently professed, asserted and represented herself as an American citizen, as
shown in her marriage certificate, in Alix's birth certificate, when she secured divorce in
Dominican Republic.
Being an American citizen, Rebecca was bound by the national laws of the United States of
America, a country which allows divorce.
The Civil Decree No. 406/97 issued by the Dominican Republic court properly adjudicated the excouple's property relations.

The Court said, in order that a foreign divorce can be recognized here, the divorce decree must
be proven as a fact and as valid under the national law of the alien spouse.
The fact that Rebecca was clearly an American citizen when she secured the divorce and that
divorce is recognized and allowed in any of the States of the Union, the presentation of a copy of
foreign divorce decree duly authenticated by the foreign court issuing said decree is, as here,
sufficient.
Thus the foreign decrees rendered and issued by the Dominican Republic court are valid, and
consequently, bind both Rebecca and Vicente.
The fact that Rebecca may have been duly recognised as a Filipino citizen by force of the June 8,
2000 affirmation by the DOJ Secretary of the October 6, 1995 Bureau Order of Recognition will
not, stand alone, work to nullify or invalidate the foreign divorce secured by Rebecca as an
American citizen in 1996. In determining whether or not a divorce is secured abroad would come
within the pale of the country's policy against absolute divorce, the reckoning point is the
citizenship of the parties at the time a valid divorce is obtained.