Professional Documents
Culture Documents
3, 1963
FACTS:
Edward Christensen, who at his death was a US
citizen but domiciled in the Philippines, left a
will, devising unto Maria Helen a certain
amount of money and giving the rest of his
estate to Maria Lucy. Helen opposed the
partition on the ground that she is deprived of
her legitime. Her contention is that the law of
California directs that the law of the domicile
(Philippines) should govern the will.
ISSUE: Whether or not the national law or the
domiciliary law should apply
HELD:
The intrinsic validity of wills is governed by the
national law of the decedent. In the present
case, the national law of Edward is the laws of
California. However, there were two conflicting
California laws regarding succession. One is
enunciated in In Re Kaufman (which does
not provide for legitimes) and another is
Art. 946 of the California Civil Code
(which provides that the law of the
domicile applies). SC held that the
national law is Art. 946, which is the
conflict of laws rule of California. The
reason is that In Re Kaufman applies only to
residents while Art. 946 is specific to nonresidents. Thus, since Art. 946 contains a referback to Philippine laws (the law of the
domicile), then Maria Helen is entitled to her
legitime.
Bellis vs. Bellis, G.R. No. L-23678, June 6, 1967
FACTS:
Amos Bellis, a US citizen, died a resident of
Texas. He left two wills -- one devising a
certain amount of money to his first wife and
three illegitimate children and another, leaving
the rest of his estate to his seven legitimate
children. Before partition, the illegitimate
children who are Filipinos opposed on the
ground that they are deprived of their
legitimes.
ISSUE: Whether the applicable law is Texas law
or Philippine laws
HELD:
Applying the nationality rule, the law of Texas
should govern the intrinsic validity of the will
and therefore answer the question on
entitlement to legitimes. But since the law of
Texas was never proven, the doctrine of
processual presumption was applied.
Hence, SC assumed that Texas law is the
same as Philippine laws, which upholds
the nationality rule.
Page 1
acknowledgment
by Hix in
the
presence of 2 competent witnesses
Page 2
Issue:
Whether or not the declaration that Turkish
laws are impertinent to this case;
Whether or not the appellants exclusion from
the will is valid?
Held:
1st issue
The oppositor did not prove that said
testamentary
dispositions
are
not
in
accordance with the Turkish laws, inasmuch as
he did not present any evidence showing
what the Turkish laws are on the matter,
and in the absence of evidence on such
laws, they are presumed to be the same
as those of the Philippines.
The refusal to give the oppositor another
opportunity to prove such laws does not
constitute an error. It is discretionary with the
trial court, and, taking into consideration that
the oppositor was granted ample opportunity
to introduce competent evidence, the Court
finds no abuse of discretion on the part of the
lower court in this particular. There is,
therefore, no evidence in the record that
the national law of the testator Joseph G.
Brimo was violated in the testamentary
dispositions in question which, not being
contrary to our laws in force, must be
complied with and executed.
2nd issue
The institution of legatees in this will is
conditional, and the condition is that the
instituted legatees must respect the testator's
will to distribute his property, not in
accordance with the laws of his nationality, but
in accordance with the laws of the Philippines.
The fact is, however, that the said condition is
void, being contrary to law, for article 792 of
the civil Code provides the following:
Linnie
Jane
Hodges
died
giving
her
testamentary provisions to her husband. At the
time
of
her
death, she was citizen of Texas but, was,
however domiciled in the Philippines. To see
whether
the testamentary provisions are valid, it is
apparent and necessary to know what law
should
be
applied.
ISSUE:
Whether or not laws of Texas is applicable.
RULING:
Prior evidence already presented to prove the
existence of Texas Law.
It is necessary that the Texas law be
ascertained. Here it must be proven whether a
renvoi
will
happen or whether Texas law makes the
testamentary provisions valid. In line with
Texas
law,
that which should be proven is the law
enforced during the death of Hodges and not in
any
other
time.
The Supreme Court held that for what the
Texas law is on the matter, is a question
of fact to be resolved by the evidence
that would be presented in the probate
court. Texas law at the time of her death
(and not said law at any other time).
Article 16 of the Civil Code provides that
the national law of the person whose
succession
is
under
consideration,
whatever may be the nature of the
property and regardless of the country
wherein said property may be found,
Page 3
Suntay v. Suntay
Jose B. Suntay died intestate leaving properties
in the Philippines and a house in China. He is
survived by children from the 1st marriage and
a child and his widow from the 2nd. Intestate
proceedings were instituted. Thereafter the
widow filed a petition for a probate of a will but
was later denied when the will was lost after
the filing of said petition. On appeal, the
petition was granted since there was
sufficiency to prove the loss of the will. In spite
of the fact that a commission from the probate
court was issued on 24 April 1937 for the
taking of the deposition of Go Toh, an attesting
witness to the will, on 7 February 1938 the
probate court denied a motion for continuance
of the hearing sent by cablegram from China
by the surviving widow and dismissed the
petition. In the meantime the Pacific War
supervened. After liberation, Silvino claimed to
have found a will by his father which was filed,
recorded and probated in the Amoy district
court, Province of Fookien, China and thus filed
a petition in the intestate proceedings praying
for the probate of the will.
Issue:
May a will filed, recorded, and probated in
China be reprobated in the Philippines?
Held:
As to the will claimed to have been executed
on 4 January 1931 in Amoy, China, the law on
the point in Rule 78.
Page 4
Held:
Page 5
Facts:
This case relates to the determination and
settlement of the hereditary estate left by the
deceased Walter G. Stevenson, and the laws
applicable thereto. Walter G. Stevenson (born
in the Philippines on August 9, 1874 of British
parents and married in the City of Manila on
January 23, 1909 to Beatrice Mauricia
Stevenson another British subject) died on
February 22, 1951 in San Francisco,
California, U.S.A. whereto he and his wife
moved and established their permanent
residence since May 10, 1945. In his will
executed in San Francisco on May 22, 1947,
and which was duly probated in the Superior
Court of California on April 11, 1951,
Stevenson instituted his wife Beatrice as
his sole heiress to the following real and
personal properties acquired by the
spouses while residing in the Philippines.
Ancillary administration proceedings were
instituted in the Court of First Instance of
Manila for the settlement of the estate in the
Philippines. In due time Stevenson's will was
duly admitted to probate by our court and Ian
Murray
Statt
was
appointed
ancillary
administrator of the estate, filed a preliminary
estate and inheritance tax return with the
reservation of having the properties declared
therein finally appraised at their values six
months after the death of Stevenson.
Preliminary return was made by the ancillary
administrator in order to secure the waiver of
the Collector of Internal Revenue on the
inheritance tax due on the 210,000 shares of
stock in the Mindanao Mother Lode Mines Inc.
which the estate then desired to dispose in the
United States. Acting upon said return, the
Collector of Internal Revenue accepted the
valuation of the personal properties declared
therein, but increased the appraisal of the two
parcels of land located in Baguio City by fixing
their fair market value. After allowing the
deductions
claimed
by
the
ancillary
administrator for funeral expenses in the
amount of P2,000.00 and for judicial and
administration expenses in the sum of
P5,500.00, the Collector assessed the state the
amount of P5,147.98 for estate tax and
P10,875,26 or inheritance tax, or a total of
P16,023.23. Both of these assessments were
paid by the estate.
The ancillary administrator filed in
amended estate and inheritance tax
return in pursuance of his reservation
made at the time of filing of the
preliminary return and for the purpose of
availing of the right granted by section 91
of the National Internal Revenue Code.
Beatrice Mauricia Stevenson assigned all her
rights and interests in the estate to the
spouses,
Douglas
and
Bettina
Fisher,
respondents herein.
The ancillary administrator filed a second
amended estate and inheritance tax return.
This return declared the same assets of the
estate stated in the amended return of
September 22, 1952, except that it contained
new claims for additional exemption and
deduction to wit: (1) deduction in the
amount of P4,000.00 from the gross
estate of the decedent as provided for in
Section 861 (4) of the U.S. Federal
Page 6
whether
the
estementary
dispositions,
especially those for the children which are
short of the legitime given them by the Civil
Code of the Philippines, are valid?
Facts:
Appeal against an order of the Court of First
Instance of Manila, Hon. Ramon San Jose,
presiding, dismissing the objections filed by
Magdalena C. Bohanan, Mary Bohanan and
Edward Bohanan to the project of partition
submitted by the executor and approving the
said project.
The Court of First Instance of Manila, Hon.
Rafael Amparo, presiding, admitted to probate
a last will and testament of C. O. Bohanan,
executed by him in Manila. In the said order,
the court made the following findings:
According to the evidence of the opponents the
testator was born in Nebraska and
therefore a citizen of that state, or at
least a citizen of California where some of
his properties are located. This contention
is untenable. Notwithstanding the long
residence of the decedent in the Philippines,
his stay here was merely temporary, and he
continued and remained to be a citizen of the
United States and of the state of his pertinent
residence to spend the rest of his days in that
state. His permanent residence or domicile in
the United States depended upon his personal
intent or desire, and he selected Nevada as his
homicide and therefore at the time of his
death, he was a citizen of that state. Nobody
can choose his domicile or permanent
residence for him. That is his exclusive
personal right.
Wherefore, the court finds that the testator C.
O. Bohanan was at the time of his death a
citizen of the United States and of the State of
Nevada and declares that his will and
testament, is fully in accordance with the laws
of the state of Nevada and admits the same to
probate. Accordingly, the Philippine Trust
Company, named as the executor of the will, is
hereby appointed to such executor and upon
the filing of a bond in the sum of P10,000.00.
The executor filed a project of partition dated
January 24, 1956, making adjudications, in
accordance with the provisions of the will.
The wife Magadalena C. Bohanan and her
two children question the validity of the
testamentary provisions disposing of the
estate in the manner above indicated,
claiming that they have been deprived of
the legitime that the laws of the forum
concede to them.
Moreover, the court below had found that the
testator and Magdalena C. Bohanan were
married on January 30, 1909, and that
divorce was granted to him on May 20, 1922;
that sometime in 1925, Magdalena C.
Bohanan married Carl Aaron and this
marriage was subsisting at the time of
Issue:
Ruling:
The old Civil Code, which is applicable to
this case because the testator died in
1944,
expressly
provides
that
successional rights to personal property
are to be earned by the national law of
the person whose succession is in question.
Says the law on this point:
Nevertheless,
legal
and
testamentary
successions, in respect to the order of
succession as well as to the extent of the
successional rights and the intrinsic validity of
their provisions, shall be regulated by the
national law of the person whose succession is
in question, whatever may be the nature of the
property and the country in which it is found.
(par. 2, Art. 10, old Civil Code, which is the
same as par. 2 Art. 16, new Civil Code.)
In the proceedings for the probate of the will, it
was found out and it was decided that the
testator was a citizen of the State of Nevada
because he had selected this as his domicile
and his permanent residence. It is not disputed
that the laws of Nevada allow a testator to
dispose of all his properties by will. It does not
appear that at time of the hearing of the
project of partition, the above-quoted provision
was introduced in evidence, as it was the
executor's duly to do. The law of Nevada,
being a foreign law can only be proved in
our courts in the form and manner
provided for by our Rules, which are as
follows:
SEC. 41. Proof of public or official record.
An official record or an entry therein,
when admissible for any purpose, may be
evidenced by an official publication
thereof or by a copy attested by the
officer having the legal custody of the
record, or by his deputy, and accompanied, if
the record is not kept in the Philippines, with a
certificate
that
such
officer
has
the
custody. . . . (Rule 123).
We have, however, consulted the records of
the case in the court below and we have found
that during the hearing on October 4, 1954 of
the motion of Magdalena C. Bohanan for
withdrawal of P20,000 as her share, the foreign
law, especially Section 9905, Compiled
Nevada Laws was introduced in evidence
by appellant's counsel. Again said laws
presented by the counsel for the executor
and admitted by the Court during the
hearing of the case on before Judge
Rafael Amparo.
Page 7
Page 8
law is
Ruling:
It is well-settled that foreign laws do not
prove themselves in our jurisdiction and
our courts are not authorized to take
judicial notice of them. Like any other fact,
they must be alleged and proved.
For a copy of a foreign public document to be
admissible, the following requisites are
mandatory: (1) It must be attested by the
officer having legal custody of the records
or by his deputy; and (2) It must be
accompanied by a certificate by a
secretary of the embassy or legation,
consul general, consul, vice consular or
consular agent or foreign service officer,
and with the seal of his office. The latter
requirement is not a mere technicality but is
intended to justify the giving of full faith and
Page 9
However,
intestate
and
testamentary successions, both
with respect to the order of
succession and to the amount
of successional rights and to
the
intrinsic
validity
of
testamentary provisions, shall
be regulated by the national
law of the person whose
succession
is
under
consideration, whatever may
be the nature of the property
and regardless of the country
wherein said property may be
found. (10a)
Held:
William Gatchalian is declared as a Filipino
Citizen. Having declared the assailed marriage
as valid, respondent William Gatchalian follows
the citizenship of his father, a Filipino as
legitimate child. Respondent belongs to a class
of Filipinos who are citizens of the Philippines
at the time of the adoption of the constitution.
In Moy Ya Lim vs. Commissioner of Immigration
(41 SCRA 292 [1971]) and in Lee vs.
Commissioner of Immigration (supra), this
Court declared that:
(e)verytime the citizenship of a person is
material or indispensable in a judicial or
administrative
case,
whatever
the
corresponding court or administrative authority
decides therein as to such citizenship is
generally not considered as res adjudicata,
hence it has to be threshed out again and
again as the occasion may demand.
Art. 17.
All
marriages
performed
outside the Philippines in
accordance with the laws in
force in the country where they
were performed, and valid
there as such, shall also be
valid in this country, except
bigamous,
polygamous,
or
incestuous
marriages
as
determined by Philippine law.
(19a)
Art. 124.
Art. 16.
Page 10
2.
If the husband
is a
foreigner and the wife is a
citizen of the Philippines,
the laws of the husband's
country shall be followed,
without prejudice to the
provisions of this Code with
regard
to
immovable
property. (1325a)
Art. 815.
Art. 816.
Art. 818.
Art. 819.
Art. 829.
Art. 1039.
Page 11
b.
are
in
the
active
service
as
commissioned or noncommissioned
officers in the armed forces of the
country which they are naturalized
citizens.
1.
Those who are
citizens
of
the
Philippines at the time
of the adoption of this
Constitution;
2.
Those
whose
fathers or mothers are
citizens
of
the
Philippines;
3.
Those
born
before
January
17,
1973,
of
Filipino
mothers,
who
elect
Philippine
citizenship
upon reaching the age
of majority; and
Page 12
4.
Those who are
naturalized
in
accordance with law.
Section 2.
Section 3.
Philippine citizenship may be
lost or reacquired in the manner provided by
law.
Section 4.
Section 5.
Art. 16.
Art. 66.
Capacity
to
succeed
is
governed by the law of the
nation of the decedent. (n)
Art. 50.
Art. 51.
Art. 99.
Art. 1251.
Page 13
Art. 58.
Art. 829.
Save
marriages
of
an
exceptional
character
authorized in Chapter 2 of this
Title, but not those under
Article 75, no marriage shall be
solemnized without a license
first being issued by the local
civil
registrar
of
the
municipality where either
contracting party habitually
resides. (7a)
Held:
an
unmistakable
and
categorical
Cases:
dual
allegiance.
By
swearing
to
the
FACTS:
the
concerned
foreign
country.
What
9225.
is
allegiance.
Petitioner
argues
that
RA
9225
Page 14
of
naturalization.
origin
even
Congress
after
was
their
given
for
this
the
Court,
judicial
to
rule
department,
on
issues
Page 15
Issue:
Issue:
Page 16
Page 17
express
citizenship;
renunciation
of
3. By subscribing to an oath of
allegiance to support the constitution or
laws of a foreign country upon attaining
twenty-one years of age or more:
Provided, however, That a Filipino may not
divest himself of Philippine citizenship in
any manner while the Republic of the
Philippines is at war with any country;
4. By
a. The
Republic
of
the
Philippines has a defensive
and/or offensive pact of
alliance with the said foreign
country; or
b. The
said
foreign
country
maintains armed forces on
Philippine territory with the
consent of the Republic of
the Philippines: Provided,
That
the
Filipino
citizen
concerned, at the time of
rendering said service, or
acceptance
of
said
commission, and taking the
obtained
Page 18
Page 19
Page 20
Issue:
Whether or not William Gatchalian is to be
declared as a Filipino citizen
Held:
In Miciano vs. Brimo (50 Phil. 867 [1924]; Lim
and Lim vs. Collector of Customs, 36 Phil. 472;
Yam Ka Lim vs. Collector of Customs, 30 Phil.
46 [1915]), this Court held that in the
absence of evidence to the contrary,
foreign laws on a particular subject are
presumed to be the same as those of the
Philippines. In the case at bar, there being no
proof of Chinese law relating to marriage,
there arises the presumption that it is the
same as that of Philippine law.
The lack of proof of Chinese law on the matter
cannot be blamed on Santiago Gatchalian
much more on respondent William Gatchalian
who was then a twelve-year old minor. The fact
is, as records indicate, Santiago was not
pressed by the Citizenship Investigation
Board to prove the laws of China relating
to marriage, having been content with
the testimony of Santiago that the
Marriage Certificate was lost or destroyed
during the Japanese occupation of China.
The testimonies of Santiago Gatchalian and
Francisco Gatchalian before the Philippine
consular and immigration authorities regarding
their marriages, birth and relationship to each
other are not self-serving but are admissible in
evidence as statements or declarations
regarding family reputation or tradition in
matters of pedigree (Sec. 34, Rule 130).
Philippine law, following the lex loci
celebrationis, adheres to the rule that a
marriage formally valid where celebrated
is valid everywhere. Referring to marriages
contracted abroad, Art. 71 of the Civil Code
(now Art. 26 of the Family Code) provides that
"all marriages performed outside of the
Philippines in accordance with the laws in force
in the country where they were performed, and
valid there as such, shall also be valid in this
country . . ."
And any doubt as to the validity of the
matrimonial unity and the extent as to how far
the validity of such marriage may be extended
to the consequences of the coverture is
answered by Art. 220 of the Civil Code in this
manner:
"In
case
of
doubt,
all
presumptions favor the solidarity of the
family. Thus, every intendment of law or
facts leans toward the validity of
marriage, the indissolubility of the
marriage
bonds,
the
legitimacy
of
children, the community of property
during marriage, the authority of parents
over their children, and the validity of
defense for any member of the family in
case of unlawful aggression." (Emphasis
supplied). Bearing in mind the "processual
presumption" enunciated in Miciano and other
cases, he who asserts that the marriage is not
valid under our law bears the burden of proof
to present the foreign law.
Page 21
Issue:
Whether or not Norberto Guray had the legal
residence of one year immediately prior to the
Page 22
Ruling:
It is an established rule that "where a voter
abandons his residence in a state and
acquires one in another state, he cannot
again vote in the state of his former
residence until he has qualified by a new
period of residence" (20 Corpus Juris, p. 71,
par. 28). "The term 'residence' as so used
is synonymous with 'domicile,' which
imports not only intention to reside in a
fixed place, but also personal presence in
that place, coupled with conduct
indicative of such intention." (People vs.
Bender, 144 N. Y. S., 145.)
Since Norberto Guray abandoned his first
residence in the municipality of Luna and
acquired another in Balaoan, in order to vote
and be a candidate in the municipality of Luna,
he needed to reacquire residence in the latter
municipality for the length of time prescribed
by the law, and for such purpose, he needed
not only the intention to do so, but his
personal presence in said municipality.
VELILLA VS. POSADA
Facts:
Ruling:
To effect the abandonment of one's
domicile, there must be a deliberate and
provable choice of a new domicile,
coupled with actual residence in the place
Page 23
Ruling:
Page 24
reproduced
verbatim
from
the
1973
Constitution seeks to prevent is the
possibility of a "stranger or newcomer
unacquainted with the conditions and needs of
a community and not identified with the latter,
from an elective office to serve that
community."
Petitioner Imelda Romualdez-Marcos filed her
Certificate of Candidacy for the position of
Representative of the First District of Leyte
with the Provincial Election Supervisor on
March 8, 1995.
Private respondent Cirilo Roy Montejo, the
incumbent Representative of the First District
of Leyte and a candidate for the same position,
filed
a "Petition
for
Cancellation
and
Disqualification" with the Commission on
Elections alleging that petitioner did not meet
the constitutional requirement for residency. In
his petition, private respondent contended that
Mrs. Marcos lacked the Constitution's one year
residency requirement for candidates for the
House of Representatives.
Held:
So settled is the concept (of domicile) in our
election law that in these and other election
law cases, this Court has stated that the mere
absence of an individual from his
permanent
residence
without
the
intention to abandon it does not result in
a loss or change of domicile.
It stands to reason therefore, that petitioner
merely committed an honest mistake in jotting
the word "seven" in the space provided for the
residency qualification requirement. It would
be plainly ridiculous for a candidate to
deliberately and knowingly make a statement
in a certificate of candidacy which would lead
to his or her disqualification.
Residence in the civil law is a material fact,
referring to the physical presence of a person
in a place. A person can have two or more
residences, such as a country residence and a
city residence. Residence is acquired by living
in place; on the other hand, domicile can exist
without actually living in the place. The
important thing for domicile is that, once
residence has been established in one place,
there be an intention to stay there
permanently, even if residence is also
established in some other place.
For political purposes the concepts of residence
and domicile are dictated by the peculiar
criteria of political laws. As these concepts
have evolved in our election law, what
Page 25
Page 26
4.
conjugal
partnership
without
her
husbands consent; c
that Article 1491 of the Civil Code of
the Philippines in effect prohibits
contingent fees; c
that the contract in question has for its
purpose to secure a decree of divorce,
allegedly in violation of Articles 1305,
1352 and 1409 of the Civil Code of the
Philippines;
that the terms of said contract are
harsh, inequitable and oppressive.
Held:
The first objection has no foundation in
fact, for the contract in dispute does not
seek to bind the conjugal partnership. By
virtue of said contract, Mrs. Harden merely
bound herself or assumed the personal
obligation to pay, by way of contingent fees,
20% of her share in said partnership. The
contract neither gives, nor purports to give, to
the Appellee any right whatsoever, personal or
real, in and to her aforesaid share. The amount
thereof is simply a basis for the computation of
said fees.
For the same reason, the second objection is,
likewise, untenable. Moreover, it has already
been held that contingent fees are not
prohibited in the Philippines and are
impliedly sanctioned by our Cannons (No.
13) of Professional Ethics. (see, also, Ulanday
vs. Manila Railroad Co., 45 Phil., 540, 554.)
Such is, likewise, the rule in the United States
(Legal Ethics by Henry S. Drinker, p. 176).
in the United States, the great weight of
authority recognizes the validity of contracts
for contingent fees, provided such contracts
are not in contravention of public policy, and it
is only when the attorney has taken an
unfair or unreasonable advantage of his
client that such a claim is condemned.
Page 27
b.
Held:
As the Court upheld:
The lower court did not commit this error
attributed to him. The defendant had not
proved that he had elsewhere a legal
domicile other than that which he
manifestly had in the Philippines during
the seventeen years preceding the date
of the complaint. On the contrary, it plainly
appears, without proof to the contrary, that
during
this
not
inconsiderable
period,
extending from the year 1892 until a month
prior to the arrival of his wife in the Philippines
in March, 1909, he had constantly resided in
the said Islands, had kept open house, and had
acquired in the city of Manila quite a little real
property which is now the object of the division
of the conjugal society.
It has been established that defendant is
domiciled in the Philippines.
Defendant, although a Spanish subject, was a
resident of these Islands. Article 26 of the Civil
Code that he cites itself provides that
"Spaniards who change their domicile to a
foreign country, where they may be
considered as natives without other
conditions than that of residents therein,
shall be required, in order to preserve the
Spanish nationality, to state that such is
their wish before the Spanish diplomatic
or consular agent, who must record them
in the registry of Spanish residents, as
well as their spouses, should they be
married, and any children they may
have." From this provision, which is the
exclusive and irrefutable law governing the
defendant, we are to conclude that the
domicile of the defendant and the plaintiff is
fully proven, irrespective of the Treaty of Paris.
Section 377 of the Code of Civil Procedure
leaves to the election of the plaintiff the
bringing of a personal action like the one
at bar either in the place where the
defendant may reside or be found, or in
that where the plaintiff resides.
As held by the Husband:
Page 28
Page 29
Nota bene:
The following are the requisites of res
judicata:
1. the former judgment must be final;
2. the court that rendered it had
jurisdiction over the subject matter and
the parties;
3. it is a judgment on the merits; and
4. there is between the first and the
second actions an identity of parties,
subject matter and cause of action.
RULING:
Art. 15. Laws relating to family rights and
duties, or to the status, condition and legal
capacity of persons are binding upon
citizens of the Philippines, even though
living abroad.
Art. 16. Real property as well as personal
property is subject to the law of the country
where it is situated.
First, there is no such thing as one American
law. The "national law" indicated in Article 16
of the Civil Code cannot possibly apply to
general American law. There is no such law
governing the validity of testamentary
provisions in the United States. Each State of
the union has its own law applicable to its
citizens and in force only within the State. It
can therefore refer to no other than the law of
the State of which the decedent was a
resident. Second, there is no showing that
the application of the renvoi doctrine is
called for or required by New York State
law.
However,
intestate
and
testamentary
succession, both with respect to the order of
succession and to the amount of successional
rights and to the intrinsic validity of
testamentary provisions, shall be regulated
by the national law of the person whose
succession
is
under
consideration,
whatever may be the nature of the property
and regardless of the country wherein said
property may be found. (emphasis ours)
5.
Art. 15.
Personal status
legal position of an
individual in a society
Capacity
power to acquire and
exercise rights
Incidental to personal status
Foreign laws regulating the persons status and
capacity are to be disregarded where they are
political or penal in character;
Legislative jurisdiction authority of the state
of his nationality or domicile or where he may
be physically present to promulgate laws
affecting his status;
Judicial jurisdiction the authority of the court
to hear and determine the cause of action
Beginning of personality conception provided
subsequent birth
End death
Other questions of status
Page 30
b.
Art. 17.
2.
Nota bene:
Art. 66.
Art. 71.
All
marriages
performed
outside the Philippines in
accordance with the laws in
force in the country where they
were performed, and valid
there as such, shall also be
valid in this country, except
bigamous,
polygamous,
or
incestuous
marriages
as
determined by Philippine law.
(19a)
Art. 75.
Marriages
between
Filipino
citizens
abroad
may
be
solemnized by consuls and
vice-consuls of the Republic of
the Philippines. The duties of
Page 31
Art. 7.
by:
1.
2.
3.
4.
5.
Article. 8.
The
marriage
shall
be
solemnized publicly in the
chambers of the judge or in
open court, in the church,
chapel or temple, or in the
office
the
consul-general,
consul or vice-consul, as the
case
may
be,
and
not
elsewhere, except in cases of
marriages contracted on the
point of death or in remote
places in accordance with
Marriages
between
Filipino
citizens
abroad
may
be
solemnized
by
a
consulgeneral, consul or vice-consul
of
the
Republic
of
the
Philippines. The issuance of the
marriage license and the duties
of the local civil registrar and of
the solemnizing officer with
regard to the celebration of
marriage shall be performed by
said consular official. (75a)
Art. 26.
All
marriages
solemnized
outside the Philippines, in
accordance with the laws in
force in the country where they
were solemnized, and valid
there as such, shall also be
valid in this country, except
those prohibited under Articles
35 (1), (4), (5) and (6), 3637
and 38. (17a)
Where a marriage between
a Filipino citizen and a
foreigner
is
validly
celebrated and a divorce is
thereafter validly obtained
abroad by the alien spouse
capacitating him or her to
remarry, the Filipino spouse
shall
have
capacity
to
remarry under Philippine
law.
(As
amended
by
Executive Order 227)
FC Art. 35.
The following marriages shall
be void from the beginning:
1. Those contracted by any
party below eighteen years
of age even with the
consent of parents or
guardians;
2. Those solemnized by any
person
not
legally
authorized
to
perform
marriages
unless
such
marriages were contracted
with either or both parties
believing in good faith that
the solemnizing officer had
the legal authority to do so;
3. Those solemnized without
license,
except
those
covered
the
preceding
Chapter;
4. Those
bigamous
or
polygamous marriages not
failing under Article 41;
5. Those contracted through
mistake of one contracting
Page 32
6.
Art. 36.
Art. 37.
Marriages
between
the
following are incestuous and
void
from
the
beginning,
whether relationship between
the parties be legitimate or
illegitimate:
1.
2.
apply to marriage
and
divorce
wherein
both
parties
are
Muslims,
or
wherein only the
male party is a
Muslim and the
marriage
is
solemnized
in
accordance
with
Muslim law or this
Code in any part of
the Philippines.
(2) In case of marriage
between a Muslim
and a non-Muslim,
solemnized not in
accordance
with
Muslim law or this
Code,
the
Civil
Code
of
the
Philippines
shall
apply. .chan robles
virtual law library
(3) Subject
to
the
provisions of the
preceding
paragraphs,
the
essential requisites
and
legal
impediments
to
marriage, divorce,
paternity
and
filiation,
guardianship
and
custody of minors,
support
and
maintenance,
claims
for
customary
dower
(mahr), betrothal,
breach of contract
to
marry,
solemnization and
registration
of
marriage
and
divorce, rights and
obligations
between husband
and wife parental
authority, and the
properly relations
between husband
and wife shall be
governed by this
Code and other
applicable Muslim
laws.
Art. 38.
The
following
marriages shall be void from the beginning for
reasons of public policy:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Muslim
Code
13. Application.
Between
collateral
blood relatives whether
legitimate
or
illegitimate, up to the
fourth civil degree;
Between step-parents
and step-children;
Between parents-in-law
and children-in-law;
Between the adopting
parent and the adopted
child;
Between the surviving
spouse of the adopting
parent and the adopted
child;
Between the surviving
spouse of the adopted
child and the adopter;
Between an adopted
child and a legitimate
child of the adopter;
Between
adopted
children of the same
adopter; and
Between parties where
one, with the intention
to marry the other,
killed
that
other
person's spouse, or his
or her own spouse. (82)
PD
(1) The
this
1083,
Art. 14.
Art. 180.
Law
applicable.
The
provisions of the Revised
Art.
provisions of
Title
shall
Page 33
3.
4.
5.
2.
Art. 3.
marriage are:
The
1.
2.
3.
requisites
6.
of
Authority
of
the
solemnizing officer;
A
valid
marriage
license except in the
cases provided for in
Chapter 2 of this Title;
and
A marriage ceremony
which takes place with
the appearance of the
contracting
parties
before the solemnizing
officer
and
their
personal
declaration
that they take each
other as husband and
wife in the presence of
not less than two
witnesses of legal age.
(53a, 55a)
Art.
15. Essential
a. Legal
b.
c.
d.
Art. 35.
The
following
marriages shall be void from the beginning:
Those contracted by any
party below eighteen years
of age even with the
consent of parents or
guardians;
2. Those solemnized by
any person not legally
authorized to perform
marriages unless such
marriages
were
contracted with either
or both parties believing
in good faith that the
solemnizing officer had
the legal authority to do
so;
capacity
of
the
contracting parties;
Mutual consent of the parties
freely given;
Offer (ijab) and acceptance
(qabul) duly witnessed by at
least two competent persons
after the proper guardian in
marriage (wali) has given his
consent; and
Stipulation of customary dower
(mahr) duly witnessed by two
competent persons.
1.
Page 34
Page 35
Page 36
Page 37
PEOPLE V. DUMPO
62 Phil 247
Facts:
Moro Hassan and Mora Dupo have been
legally married according to the rites and
practice of the Mohammedan religion. Without
this marriage being dissolved, it is
alleged that Dumpo contracted another
marriage with Moro Sabdapal after which
the two lived together as husband and wife.
Dumpo was prosecuted for and convicted
of the crime of bigamy.
The accused interposed an appeal. It has been
established by the defense, without the
prosecution having presented any objection
nor evidence to the contrary, that the alleged
second marriage of the accused is null and
void according to Mohammedan rites on the
ground that her father had not given his
consent thereto.
Held:
Marriage among Moslems is a fact of
which no judicial notice may be taken and
must be subject to proof in every
particular case. In the case at bar we have
the uncontradicted testimony of Tahari, an
Imam or Mohammedan priest authorized to
solemnize marriages between Mohammedans,
to the effect that the consent of the bride's
father or in the absence thereof, that of the
chief of the tribe to which she belongs is an
indispensable requisite for the validity of such
contracts.
It is an essential element of the crime of
bigamy that the alleged second marriage,
having all the essential requisites, would
be valid were it not for the subsistence of the
first marriage. However, accuseds subsequent
marriage was void for lack of requisites
necessary under Moslem law, she must be
acquitted.
Facts:
Yap Siong died intestate. During the
distribution of his estate, Maria Lao and Jose
Lao appeared claiming to be the legitimate
spouse and son of the deceased. Maria claims
that they had been married in the Philippines
on June 24, 1903. On the other hand, Dee Tim
claims to be the legitimate widow of Yap Siong;
that she and Yap Siong were joined in holy
matrimony on the 14th day of September,
1893, in accordance with the laws of China.
Page 38
FACTS:
1.
2.
3.
4.
5.
6.
7.
ISSUE:
REPUBLIC V. ORBECIDO
GR NO. 154380, October 5, 2005
HELD:
Facts:
On May 24, 1981, Cipriano Orbecido III
married Lady Myros M. Villanueva in the
Philippines in Lam-an, Ozamis City. Their
marriage was blessed with a son and a
daughter.
In 1986, Ciprianos wife left for the United
States
bringing
along
their
son
Kristoffer. A few years later, Cipriano
discovered that his wife had been naturalized
as an American citizen.
Sometime in 2000, Cipriano learned from his
son that his wife had obtained a divorce
decree and then married a certain Innocent
Stanley. She, Stanley and her child by him
currently live in San Gabriel, California.
Cipriano thereafter filed with the trial
court a petition for authority to remarry
invoking Paragraph 2 of Article 26 of the
Family Code. No opposition was filed. Finding
merit in the petition, the court granted the
same.
The Republic, herein petitioner,
through the Office of the Solicitor General
(OSG), sought reconsideration but it was
denied.
Page 39
The
spouses
are
jointly
responsible for the support of
the family. The expenses for
such
support
and
other
conjugal obligations shall be
paid from the community
property and, in the absence
thereof, from the income or
fruits
of
their
separate
properties.
In
case
of
insufficiency or absence of said
income
or
fruits,
such
obligations shall be satisfied
from the separate properties.
(111a)
Art. 73.
Held:
Taking into consideration the legislative intent
and applying the rule of reason, we hold that
Paragraph 2 of Article 26 should be
interpreted to include cases involving
parties who, at the time of the
celebration of the marriage were Filipino
citizens, but later on, one of them becomes
naturalized as a foreign citizen and obtains a
divorce decree. The Filipino spouse should
likewise be allowed to remarry as if the
other party were a foreigner at the time
of the solemnization of the marriage. To
rule otherwise would be to sanction absurdity
and injustice. Where the interpretation of a
statute according to its exact and literal import
would lead to mischievous results or
contravene the clear purpose of the legislature,
it should be construed according to its spirit
and reason, disregarding as far as necessary
the letter of the law. A statute may therefore
be extended to cases not within the literal
meaning of its terms, so long as they come
within its spirit or intent.
2.
PERSONAL RELATIONS
Art. 34.
2.
Page 40
3.
4.
Art. 35.
1.
His income is
sufficient for the family,
according to its social
standing, and
2.His
opposition
is
founded on serious and
valid grounds.
a. Her
dower
is
not
satisfied in accordance with
the stipulations; or
b. The conjugal dwelling
is not in keeping with her
social standing or is, for
any reason, not safe for the
members of the family or
her property.
Art. 118.
Art. 124.
Page 41
2.
Family Code:
Art. 74.
Art. 75.
Art. 76.
Art. 77.
3.
A marriage in articulo mortis
may also be solemnized by the
captain of a ship or chief of an
airplane during a voyage, or by
the commanding officer of a
military unit, in the absence of
a chaplain, during war. The
duties mentioned in the two
preceding articles shall be
complied with by the ship
captain, airplane chief or
commanding officer. (n)
Marriages
between
Filipino
citizens
abroad
may
be
solemnized by consuls and
vice-consuls of the Republic of
the Philippines. The duties of
the local civil registrar and of a
judge or justice of the peace or
mayor with regard to the
celebration of marriage shall be
performed by such consuls and
vice-consuls. (n)
No marriage license shall be
necessary when a man and a
woman who have attained the
age of majority and who, being
unmarried, have lived together
as husband and wife for at
least five years, desire to marry
each other. The contracting
parties
shall
state
the
foregoing facts in an affidavit
before any person authorized
by law to administer oaths. The
official, priest or minister who
solemnized the marriage shall
also state in an affidavit that
he took steps to ascertain the
ages and other qualifications of
the contracting parties and that
he found no legal impediment
to the marriage. (n)
In case two persons married in
accordance with law desire to
ratify their union in conformity
with the regulations, rites, or
practices of any church, sect,
or religion it shall no longer be
necessary to comply with the
requirements of Chapter 1 of
this Title and any ratification
made
shall
merely
be
considered as a purely religious
ceremony. (23)
Art. 80.
The
following
marriages shall be void from the beginning:
1. Those contracted under the
ages
of
sixteen
and
fourteen years by the male
4.
5.
6.
7.
Art. 147.
Page 42
Annulment
Civil Code:
Art. 148.
Art. 66.
Art. 71.
All
marriages
performed
outside the Philippines in
accordance with the laws in
force in the country where they
were performed, and valid
there as such, shall also be
valid in this country, except
bigamous,
polygamous,
or
incestuous
marriages
as
determined by Philippine law.
(19a)
Family Code
Art. 45.
Muslim Code:
Art. 37.
Art. 38.
The property
relations
between the spouses, in the
absence of any stipulation to
the contrary in the marriage
settlements
or
any
other
3.
Page 43
4.
5.
6.
Art. 46.
3.
4.
Any
of
the
following
circumstances shall constitute
fraud referred to in Number 3
of the preceding Article:
1.
2.
3.
4.
Non-disclosure
of
a
previous conviction by final
judgment of the other party
of a crime involving moral
turpitude;
Concealment by the wife of
the fact that at the time of
the marriage, she was
pregnant by a man other
than her husband;
Concealment of sexually
transmissible
disease,
regardless of its nature,
existing at the time of the
marriage; or
Concealment
of
drug
addiction,
habitual
alcoholism
or
homosexuality
or
lesbianism existing at the
time of the marriage.
No other misrepresentation or
deceit as to character, health,
rank, fortune or chastity shall
constitute such fraud as will
give grounds for action for the
annulment of marriage. (86a)
Art. 47.
2.
5.
Art. 48.
age of twenty-one, or by
the parent or guardian or
person having legal charge
of the minor, at any time
before such party has
reached the age of twentyone;
For causes mentioned in
number 2 of Article 45, by
the same spouse, who had
no
knowledge
of
the
other's insanity; or by any
relative or guardian or
person having legal charge
of the insane, at any time
before the death of either
party, or by the insane
spouse during a lucid
interval or after regaining
sanity;
For causes mentioned in
number 3 of Article 45, by
the injured party, within
five
years
after
the
discovery of the fraud;
For causes mentioned in
number 4 of Article 45, by
the injured party, within
five years from the time
the force, intimidation or
undue
influence
disappeared or ceased;
For causes mentioned in
number 5 and 6 of Article
45, by the injured party,
within five years after the
marriage. (87a)
Art. 49.
Page 44
Art. 50.
Art. 51.
Art. 54.
Art. 55.
A petition for legal
separation may be filed on any of the following
grounds:
1.
2.
3.
5.
6.
7.
8.
Repeated
physical
violence
or
grossly
abusive
conduct
directed against the
petitioner, a common
child, or a child of the
petitioner;
Physical violence or
moral
pressure
to
compel the petitioner
to change religious or
political affiliation;
Attempt of respondent
to corrupt or induce the
petitioner, a common
child, or a child of the
petitioner, to engage in
prostitution,
or
connivance
in
such
corruption
or
inducement;
Final
judgment
sentencing
the
respondent
to
imprisonment of more
than six years, even if
pardoned;
Drug
addiction
or
habitual alcoholism of
the respondent;
Lesbianism
or
homosexuality of the
respondent;
Contracting
by
the
respondent
of
a
subsequent bigamous
marriage, whether in
the
Philippines
or
abroad;
Sexual
infidelity
or
perversion;
Page 45
9.
Attempt
by
the
respondent against the
life of the petitioner; or
10. Abandonment
of
petitioner
by
respondent
without
justifiable cause for
more than one year.
For purposes of this Article, the
term "child" shall include a
child by nature or by adoption.
(9a)
2.
Absolute Divorce
Civil Code:
Issue:
Muslim Code:
Held:
45-55 supra
2.
3.
4.
Facts:
Plaintiff and defendant are citizens of the
Philippine Islands and at present residents of
the City of Manila. They were married in the
City of Manila on January 19, 1919, and lived
together as man and wife in the Philippine
Islands until the spring of 1926. They
voluntarily separated and since that time have
not lived together as man and wife. Of this
union four children were born. Negotiations
between the parties, both being represented
by attorneys, whereupon it was mutually
agreed to allow the plaintiff for her support and
that of her children, five hundred pesos (P500)
monthly; this amount to be increased in case of
illness or necessity, and the title of certain
properties to be put in her name. Shortly after
this agreement the husband left the Islands,
betook himself to Reno, Nevada, and secured
in that jurisdiction an absolute divorce on the
ground of desertion. Shortly thereafter the
defendant moved to California and returned to
these Islands in August 1928, where he has
since remained. On the same date that he
secured a divorce in Nevada he went through
the forms of marriage with another citizen of
Page 46
HELD:
Page 47
SIKAT V. CANSON
67 PHIL 207
Held:
Issue:
Did the Circuit Court of Mobile County acquire
jurisdiction of both spouses and effectively
Page 48
Page 49
Facts:
Held:
ISSUE:
Whether or not the properties in question are
conjugal?
RULING:
There is no doubt that the decree of
divorce granted by the Court of Nevada in
1954 is not valid under Philippine law,
which has outlawed divorce altogether;
that the matrimonial bonds between Jose
Corominas, Jr. and Sonia Lizares have not been
dissolved, although their conjugal partnership
was terminated in 1957; and that the former's
subsequent marriage in Hongkong to Trinidad
Teodoro is bigamous and void.
In the present case, however, we find no need
to pass on this question. The particular
properties involved here which were admittedly
acquired by respondent Teodoro, cannot be
deemed to belong to such co-ownership
because, as found by the trial court and
confirmed by the Court of Appeals, the funds
used in acquiring said properties were
fruits
of
respondent's
paraphernal
investments which accrued before her
"marriage" to Corominas. In other words
they were not acquired by either or both of the
partners in the void marriage through their
work or industry or their wages and salaries,
and hence cannot be the subject of coownership under Article 144. They remain
respondent's exclusive properties, beyond the
PILAPIL V. IBAY-SOMERA
Page 50
Issue:
WON the adultery case be sustained even
though there has already been a finality of a
divorce decree.
Held:
Page 51
On
1992,
Rederick
became
an
Australian Citizen. He later married
Petitioner in 1994 in Cabanatuan City.
Issues:
Page 52
legally
Page 53
Art. 99.
Held:
Taking into consideration the legislative intent
and applying the rule of reason, we hold that
Paragraph 2 of Article 26 should be
interpreted to include cases involving
parties who, at the time of the
celebration of the marriage were Filipino
citizens, but later on, one of them becomes
naturalized as a foreign citizen and obtains a
divorce decree. The Filipino spouse should
likewise be allowed to remarry as if the
other party were a foreigner at the time
of the solemnization of the marriage. To
rule otherwise would be to sanction absurdity
and injustice. Where the interpretation of a
statute according to its exact and literal import
would lead to mischievous results or
contravene the clear purpose of the legislature,
it should be construed according to its spirit
and reason, disregarding as far as necessary
the letter of the law. A statute may therefore
be extended to cases not within the literal
meaning of its terms, so long as they come
within its spirit or intent.
In view of the foregoing, we state the twin
elements for the application of Paragraph 2 of
Article 26 as follows:
3. There is a valid marriage that has
been celebrated between a Filipino
citizen and a foreigner; and
4. A valid divorce is obtained abroad
by the alien spouse capacitating
him or her to remarry.
LEGAL SEPARATION
Art. 55. A petition for legal separation may be
filed on any of the following grounds:
(1) Repeated physical violence or
grossly abusive conduct directed
against the petitioner, a common child,
or a child of the petitioner;
(2) Physical violence or moral pressure
to compel the petitioner to change
religious or political affiliation;
(3) Attempt of respondent to corrupt or
induce the petitioner, a common child,
or a child of the petitioner, to engage in
prostitution, or connivance in such
corruption or inducement;
(4) Final judgment sentencing the
respondent to imprisonment of more
than six years, even if pardoned;
(5)
Drug
addiction
or
habitual
alcoholism of the respondent;
(6) Lesbianism or homosexuality of the
respondent;
(7) Contracting by the respondent of a
subsequent
bigamous
marriage,
whether in the Philippines or abroad;
(8) Sexual infidelity or perversion;
Legal Separation
Civil Code:
Art. 97.
A
separation may be filed:
1.
2.
petition
for
legal
Page 54
Page 55
Civil Code:
Art. 15, supra
Art. 335.
1. Those
who
have
legitimate,
legitimated,
acknowledged
natural
children, or natural children
by legal fiction;
2. The
guardian,
with
respect to the ward, before
the final approval of his
accounts;
3. A
married
person,
without the consent of the
other spouse;
4. Non-resident aliens;
5. Resident aliens with
whose
government
the
Republic of the Philippines
has
broken
diplomatic
relations;
6. Any person who has
been convicted of a crime
involving moral turpitude,
when the penalty imposed
was
six
months'
imprisonment
or
more.
(174a)
All
marriages
solemnized
outside the Philippines, in
accordance with the laws in
force in the country where they
were solemnized, and valid
there as such, shall also be
valid in this country, except
those prohibited under Articles
35 (1), (4), (5) and (6), 3637
and 38. (17a)
Where a marriage between
a Filipino citizen and a
foreigner
is
validly
celebrated and a divorce is
thereafter validly obtained
abroad by the alien spouse
capacitating him or her to
remarry, the Filipino spouse
shall
have
capacity
to
remarry under Philippine
law.
(As
amended
by
Executive Order 227)
Art. 339.
adopted:
of
exceptions:
VIII. Parents
Relationship)
and
Children
(Parental
following
cannot
be
1. A
married
person,
without the written consent
of the other spouse;
2. An alien with whose
government the Republic of
the Philippines has broken
diplomatic relations;
3. A person who has
already been adopted. (n)
Muslim Code:
TITLE V
Parental Authority
CHAPTER I
Nature and Effects
Nota bene:
Formal validity law of the place
celebration; lex loci contractus rule
Substantial validity governed by:
The
Art. 71.
Who exercises.
(1) The father and the
mother
shall
jointly
exercise
just
and
reasonable
parental
authority and fulfill their
responsibility over their
legitimate
and
acknowledged children. In
case of disagreement, the
father's
decision
shall
prevail unless there is a
judicial
order
to
the
contrary.
(2) The
mother
shall
exercise parental authority
over her children born out
of wedlock, but the court
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may,
when
the
best
interests of the children so
require, appoint a general
guardian.
.chan
robles
virtual law library
Art. 72.
renounced
nor
transferred
except as otherwise provided
in this Code and the general
principles of Islamic law.
Art. 77.
authority.
Duty to parents.
(1) Children shall respect,
revere, and obey their
parents always unless the
latter
cast
them
into
disbelief.
Art. 74.
Art. 78.
property
of
Parental
authority
nontransferable.
Parental
authority
can
neither
be
parental
CHAPTER II
Custody and Guardianship
Art. 75.
of
(1) Parental
authority
terminates upon the death
of the parents or the child,
or upon emancipation.
(2) Subject to Article 78,
the widowed mother who
contracts a subsequent
marriage
shall
lose
parental
authority
and
custody over all children by
the deceased husband,
unless the second husband
is related to them within
the prohibited degrees of
consanguinity.
(3) The court may deprive
a
person
of
parental
authority or suspend the
exercise thereof if he treats
his children with excessive
harshness,
gives
then
corrupting
or
immoral
orders and counsel, or
abandons them.
(2) Grandparents
are
likewise entitled to respect
and reverence, and shall be
consulted
whenever
practicable by all members
of the family on all
important questions.
Art. 73.
Extinguishment
(2) The
unmarried
daughter who has reached
the age of puberty shall
stay with the father; the
son,
under
the
same
circumstances, shall stay
with the mother.
Art. 79.
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be
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Issue:
Whether or not the minor children of a
deceased resident Chinese merchant have a
right to enter the territory of the Philippine
Islands;
Held:
Ng Hian v. Collector
34 Phil 248
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Issue:
Whether or not the legal effects of a divorce
obtained from a foreign country such as
support and custody of the children can be
determined in our courts?
Held:
Yes. In order to take effect, a foreign
judgement must clearly show that the
opposing party has been given ample
opportunity to do so under the Rules of
Civil Procedure. Accordingly, the respondent
was not given the opportunity to challenge the
judgment of the German Court, therefore, legal
effects of divorce must be determined in our
courts. The court held that the trial court has
jurisdiction over the issue between the parties
as to who has the parental custody.
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