Bayot vs CA, G. R. No.

155635/16979, November 7, 2008, 570 SCRA 472

FACTS:

Rebecca Macapugay Bayot was an American citizen and born in Agoa, Guam, USA. She married
Vicente Bayot at Greenhills, Mandaluyong on April 20, 1979. On November 27, 1982, Rebecca
gave birth to a daughter named Alix at San Francisco, California. However, as the marriage
turned sour, Rebecca initiated a divorce on 1996 in Dominican Republic. The latter ordered the
dissolution of marriage and leaving them to remarry after completing the legal requirements:
that there must be a joint custody and guardianship to Alix; and the conjugal property,
particularly the real properties located only in Manila that they acquired during their marriage
be settled.

However, Rebecca stated under oath on May 28, 1996 that she is an American citizen and she is
carrying a child not of Vicente. Rebecca again filed another petition in Manila on March 2001
for absolute nullity of marriage on the ground of dissolution of partnership gain, monthly
support for their daughter and that Vicente is psychological incapacitated.

Vicente averred and filed a motion to dismiss for lack of cause and action and filed a case of
adultery and perjury against Rebecca. Rebecca, on the contrary, charged Vicente with bigamy
and concubinage.

On the other note, Rebecca became a recognized Filipino citizen on 2000.

ISSUE:

Whether or not the divorce is valid?

RULING:

No serious dispute that at the time of divorce to Vicente, Rebecca was an American citizen and
still remains to be one. Evidences: a) she was born in USA and jus soli is followed in American
territory in granting American citizenship; b) she was and may still be an American passport
holder; c) in marriage certificate, birth certificate of Alix and divorce decree in Dominican
Republic, it was declared that she is an American

Rebecca was bound by the national laws of USA where divorce was valid. Their property
relations were also properly adjudicated through their Agreement on 1996. Foreign divorce can
be recognized in the Philippines provided that the divorce decree is fact and valid under the
national law of the alien spouse. The reckoning point is the citizenship of parties at the time the
divorce was obtained and not the citizenship of the parties at the time of the celebration of
marriage.