Professional Documents
Culture Documents
On January 20, 2012, respondent Marelyn Tanedo Manalo (Manalo) filed a petition for cancellation of entry of marriage in the Civil Registry of San Juan, Metro
Manila, by virtue of a judgment of divorce rendered by a Japanese court. The petition was later amended and captioned as a petition for recognition and
enforcement of a foreign judgment.
The petition alleged, among others, that:
Petitioner is previously married in the Philippines to a Japanese national named YOSHIDO MINORO;
Recently, a case for divorce was filed by petitioner in Japan and after due proceeding, a divorce decree was rendered by the Japanese Court;
The trial court (RTC) denied the petition for lack of merit. In ruling that the divorce obtained by Manalo in Japan should not be recognized, it opined that, based on
Article 15 of the New Civil Code, the Philippine law “does not afford Filipinos the right to file a divorce, whether they are in the country or living abroad, if they are
married to Filipinos or to foreigners, or if they celebrated their marriage in the Philippines or in another country” and that unless Filipinos “are naturalized as
citizens of another country, Philippine laws shall have control over issues related to Filipino family rights and duties, together with determination of their condition
and legal capacity to enter into contracts and civil relations, including marriages”.
On appeal, the Court of Appeals (CA) overturned the RTC decision. It held that Article 26 of the Family Code of the Philippines (Family Code) is applicable even if it
was Manalo who filed for divorce against her Japanese husband because the decree they obtained makes the latter no longer married to the former, capacitating
him to remarry. Conformably with Navarro, et al. v. Exec. Secretary, et al. [663 Phil. 546 (2011)] ruling that the meaning of the law should be based on the intent of
the lawmakers and in view of the legislative intent behind Article 26, it would be the height of injustice to consider Manalo as still married to the Japanese national,
who, in turn, is no longer married to her. For the appellate court, the fact that it was Manalo who filed the divorce case is inconsequential.
Issue:
Whether a Filipino citizen, who initiated a divorce proceeding abroad and obtained a favorable judgment against his or her alien spouse who is capacitated to
remarry, has the capacity to remarry pursuant to Article 26 (2) of the Family Code.
Ruling:
Yes.
Paragraph 2 of Article 26 speaks of “a divorce x x x validly obtained abroad by the alien spouse capacitating him or her to remarry”. Based on a clear and plain
reading of the provision, it only requires that there be a divorce validly obtained abroad. The letter of the law does not demand that the alien spouse should be the
one who initiated the proceeding wherein the divorce decree was granted. It does not distinguish whether the Filipino spouse is the petitioner or the respondent in
the foreign divorce proceeding.
The purpose of Paragraph 2 of Article 26 is to avoid the absurd situation where the Filipino spouse remains married to the alien spouse who, after a foreign divorce
decree that is effective in the country where it is rendered, is no longer married to the Filipino spouse. The provision is a corrective measure to address the anomaly
where the Filipino spouse is tied to the marriage while the foreign spouse is free to remarry under the laws of his or her country. Whether the Filipino spouse
initiated the foreign divorce proceeding or not, a favorable decree dissolving the marriage bond and capacitating his or her alien spouse to remarry will have the
same result: the Filipino spouse will effectively be without a husband or a wife. A Filipino who initiated a foreign divorce proceeding is in the same place and in like
circumstance as a Filipino who is at the receiving end of an alien initiated proceeding. Therefore, the subject provision should not make a distinction. In both
instance, it is extended as a means to recognize the residual effect of the foreign divorce decree on Filipinos whose marital ties to their alien spouses are severed by
operation of the latter’s national law.
There is no real and substantial difference between a Filipino who initiated a foreign divorce proceeding and a Filipino who obtained a divorce decree upon the
instance of his or her alien spouse. In the eyes of the Philippine and foreign laws, both are considered Filipinos who have the same rights and obligations in an alien
land. The circumstances surrounding them are alike. Were it not for Paragraph 2 of Article 26, both are still married to their foreigner spouses who are no longer
their wives/husbands. Hence, to make a distinction between them are based merely on superficial difference of whether they initiated the divorce proceedings or
not is utterly unfair. Indeed, the treatment gives undue favor to one and unjustly discriminate against the other.
Thus, a Filipino citizen, who initiated a divorce proceeding abroad and obtained a favorable judgment against his or her alien spouse who is capacitated to remarry,
has the capacity to remarry pursuant to Article 26 (2) of the Family Code.
Property Relations
Dino v Dino Salas v Agila
FACTS: Facts: On September 7 1985, Juan Sevilla Salas Jr. and Eden Villena
Aguila were married. Aguila gave birth to their daughter on June 7 1986. Five
Alain M. Diño (petitioner) and Ma. Caridad L. Diño(respondent) got married months later, Salas left their conjugal dwelling. Since then, he no longer
on 14 January 1998 before Mayor Vergel Aguilar of Las Piñas City. On 30 May communicated with Aguila or their child.
2001, petitioner filed an action for Declaration of Nullity of Marriage against On October 7, 2003, Aguila filed a Petition for Declaration of Nullity of
respondent, citing psychological incapacity under Article 36 of the Family Marriage citing psychological incapacity under Article 36 of the Family Code.
Code. Dr. Nedy L. Tayag (Dr. Tayag) submitted a psychological report The petition states that they “have no conjugal properties whatsoever”. On
establishing that respondent was suffering from Narcissistic Personality May 7, 2007, RTC nullify their marriage and further provides the dissolution of
Disorder which was incurable and deeply ingrained in her system since her their conjugal property, if any. On September 10, 2007, Aguila filed a
early formative years. The trial court granted the petition on the ground that manifestation and motion stating that she discovered 3 properties registered
respondent was psychologically incapacitated to comply with the essential to Juan S. Salas, married to Rubina C. Salas. However, Salas alleged that Aguila
marital obligations at the time of the celebration of the marriage and waived her rights to the Discovered Properties in consideration of other
declared their marriage void ab initio. It ordered that a decree of absolute properties waived by Salas in favour of Aguila. Thus, he contends that
nullity of marriage shall only be issued upon compliance with Articles 50 and conjugal properties were deemed partitioned. RTC directed Salas and Aguila
51 of the Family Code. Trial court, upon motion for partial reconsideration of to partition by proper instruments of conveyance the discovered properties.
petitioner, modified its decision holding that a decree of absolute nullity of CA affirmed the decision of the RTC.
marriage shall be issued after liquidation, partition and distribution of the Issue: Whether or not the discovered properties are acquired during the
parties’ properties under Article 147 of the Family Code. marriage of Salas and Aguila, thus a conjugal property and subject for
partition between them.
ISSUE: Ruling: Yes. Aguila proved that the Discovered Properties were acquired by
Whether the trial court erred when it ordered that adecree of absolute Salas during the validity of their marriage.
nullity of marriage shall only be issued after liquidation, partition, and
distribution of the parties’ properties under Article 147 of the Family Code. The phrase “married to” in the title is merely descriptive of the civil status of
the registered owner, Salas.
HELD:
Yes. The trial court’s decision is affirmed with modification. Decree of Article 147 of the Family Code applies to the union of parties who are legally
absolute nullity of the marriage shall be issued upon finality of the trial capacitated and not barred by any impediment to contract marriage, but
court’s decision without waiting for the liquidation, partition, and whose marriage is declared void under Article 36 of the Family Code. Under
distribution of the parties’ properties under Article 147 of the Family Code this property regime, property acquired during marriage is prima facie
presumed to have been obtained through the couple’s joint efforts and
governed by the rules of co-ownership.
WHEREFORE, we AFFIRM the 17 August 2011 Decision and the 14 March 2012 Resolution of the
Court of Appeals in CA-G.R. CV No. 94226.
Dela pena v avila Fehr v fehr
FACTS: FACTS:
Antonia Dela Pena (Antonia) obtained from A.C.Aguila & Sons, Co. (Aguila) a loan in the In 1983, after two years of long-distance courtship, Elna moved in to
sum of P250,000.00 with interest pegged at 5% per month. Antonia executed a Bruno's residence and lived with him. During the time they lived
promissory note and a notarized Deed of Real Estate Mortgage over a 277 square meter together, they purchased Suite 204, at LCG Condominium on
parcel of residential land, together with the improvements thereon, situated in Marikina installment. They got married in 1985.
City and previously registered in the name of petitioner Antonia R. Dela Peña (Antonia), In 1998, the trial court declared the marriage between Elna and
“married to Antegono A. Dela Peña” (Antegono) under Transfer Certificate of Title (TCT) Bruno void ab initio under Article 36 of the Family Code and ordered
No. N-32315 of the Registry of Deeds of Rizal.[to secure the payment of the loan the dissolution of their conjugal properties. The properties were
obligation. divided into three: 1/3 for Elna, 1/3 for Bruno and 1/3 for the
children. The custody of children was awarded to Elna, being the
Antonia executed another notarized Deed of Absolute Sale over the property in favor of innocent spouse. Accordingly, Elna is directed to transfer ownership
Gemma Remilyn C. Avila (Gemma), for the stated consideration of P600,000.00. As such of Suite 204 LCG Condominium because it was declared to have
Gemma caused the transfer of the aforesaid property to her name. Gemma also been the exclusive property of Bruno Fehr, acquired prior his
constituted a real estate mortgage over same property in favor of FEBTC-BPI, to secure a marriage.
loan facility with a credit limit of P1,200,000.00. Elna filed a motion for reconsideration of said order. The court held
in an order that Art. 147 of the Family Code should apply, being the
Antonia filed with the Register of Deeds of Marikina an Affidavit of Adverse Claim, that marriage void ab initio. However, the court reminded Elna of the
she was the true and lawful owner of the property and, that the Deed of Absolute Sale previous agreement in dividing of properties and/or proceeds from
Gemma utilized in procuring her title was simulated. The Register of Deeds inscribed the the sale thereof proportionately among them. It also affirmed of the
adverse claim. previous ruling regarding the Suite 204. Elna filed special civil action
for certiorari and prohibition with the Court of Appeals. The CA in its
FEBTC-BPI caused an extrajudicial foreclosure of the real estate mortgage constituted Decision dismissed the petition for review for lack of merit.
over the property due to Gemma’s failure to pay the loan. As the highest bidder at the ISSUE:
public auction conducted in the premises, FEBTC-BPI later consolidated its ownership Whether or not the Suite 204 of LGC Condominium is the exclusive
over the realty and caused the same to be titled in its name under TCT No. 415392 of the property of Bruno Fehr.
Marikina registry. RULING:
No. SC held that Suite 204 of LCG Condominium is a common
Antonia and her son, petitioner Alvin Dela Peña (Alvin), filed against Gemma the property of Elna and Bruno and the property regime of the parties
complaint for annulment of deed of sale as the subject realty was conjugal property, and should be divided in accordance with the law on co-ownership. Suite
that the Deed of Real Estate Mortgage Antonia executed in favor of Aguila was not 204 was acquired during the parties’ cohabitation. Accordingly,
consented to by Antegono who was already dead by that time. Gemma specifically under Article 147 of the Family Code, said property should be
denied the material allegations, maintaining that the realty was the exclusive property of governed by the rules on co-ownership.
Antonia who misrepresented that her husband was still alive. Article 147 applies in this case because (1) Elna and Bruno are
capacitated to marry each other; (2) live exclusively with each other
RTC held that the subject property was conjugal in nature and that the Deed of Absolute as husband and wife; and (3) their marriage is void under Article 36.
Sale Antonia executed in favor of Gemma was void as a disposition without the All these elements are present in the case at bar.
liquidation required under Article 130 of the Family Code. CA reversed the RTC decision,
stating that the property was paraphernal in nature for failure of the Dela Peñas to prove
that the same was acquired during Antonia’s marriage to Antegono. Furthermore, that
the Deed of Absolute Sale in favor of Avila and the subsequent sale on auction of the
subject property to FEBTC-BPI are upheld as valid and binding. Hence this petition.
ISSUE:
Whether or not the CA erred in reversing the RTC holding the house and lot covered by
TCT No. N-32315 conjugal property of the spouses Antegono and Antonia Dela Peña.
HELD: