Topic: Divorce and Remarriage

Corpuz vs. Sto. Tomas

628 SCRA 266
August 11, 2010
FACTS:
1. Gerbert Corpuz, who acquired Canadian citizenship, married a Filipina,
Daisylyn Sto. Tomas. He left for Canada soon after the wedding and when
he came back to the Philippines after three months, he discovered that his
wife was having an affair with another man.
2. Corpuz returned to Canada and filed for a divorce. His petition was
granted and the said divorce took effect a month after it was granted.
3. Two years after the divorce, he found another Filipina to love. He wanted
to marry his new fiance so he went to the Pasig City Civil Registry to
register the divorce decree on his and Sto. Tomas marriage certification.
4. As told by an NSO official, Corpuz filed for a judicial recognition of foreign
divorce but the Regional Trial Court (RTC) denied his petition, citing that
he was not the proper party to institute the action for a judicial
recognition and that only the Filipino spouse can avail of the remedy
under the second paragraph of Article 26 of the Family Code.
5. Corpuz then filed a petition for review on certionari from the RTCs ruling.
ISSUES:
1. Is the foreign decree sufficient to declare that there is a divorce?
2. Does the second paragraph of Article 26 of the Family Code extend to
aliens the right to petition a court of this jurisdiction for the recognition of
a foreign divorce?
3. Can the Filipino spouse remarry under Philippine law should a divorce be
validly obtained abroad by the alien spouse, thereby capacitating him or
her to remarry?
RULING:
(1) No. The decree has to be recognized first in a competent Philippine
court. Rule 108 of the Court sets the jurisdictional procedural requirements that
must be complied with before a judgment, authorizing the cancellation or
correction, may be made and annotated in the civil registry. (2) The second
paragraph of Article 26 of the Family Code states that: 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 likewise have capacity to remarry under
Philippine law. The said provision bestows no rights in favour of aliens.
However, this does not necessarily strip Mr. Corpuz his legal interest to petition
for the recognition of his foreign divorce decree. In fact, he can be considered as
a proper party to the petition because his direct involvement or being the
subject of the foreign judgment is sufficient to clothe a party with the requisite
interest to institute an action before our courts for the recognition of foreign
judgement. Although Corpuz failed to include a copy of the Canadian law on
divorce as a supporting document to the validity of the decree, the Court

granted to remand the case and granted the petition for review on certiorari.
(3)As to the third question, YES, the Filipino spouse can remarry under Philippine
law should a divorce be validly obtained abroad by the alien spouse (second
paragraph, Article 26, Family Code).