Matter of Bautista in Visa Petition Proceedings

A-21307895
September 12, 1978

SUBJECT MATTER:
Void and Voidable Marriages- Incestuous Marriages and Marriages Violating Public Policy

DOCTRINE(S) AND APPLICABLE CONCEPT(S):

1. Lex Loci Celebrationis - The law of the place of celebration of the marriage
2. Article 81 of the Civil Code of the PH
Marriages between the following are incestuous and void from their performance,
whether the relationship between the parties be legitimate or illegitimate:
(1) Between ascendants and descendants of any degree;
(2) Between collateral relatives by blood within the fourth civil degree.

ACTION BEFORE THE SUPREME COURT:

Visa Petition Proceedings
Petitioner(s): Bautista (First name not given), 32-year old native of the PH
Parties
Respondent(
s):

SUMMARY:
Petitioner Bautista, a 32-year old native of the PH who legally migrated to the US in November, 1977, married a 22-year
old native of the PH on December 18, 1977. He then sought to file a visa petition, seeking to accord his wife an immigrant
visa.
ANTECEDENT FACTS:
● Petitioner Bautista, a 32-year old native of the PH legally migrated to the US on November 1977.
● He married a 22-year old native of the PH on December 18, 1977, who was the daughter of his cousin.
○ He petitioned for her to have an immigrant visa.
● American Immigration Officer denied the visa petition
○ Citing that the marriage was not valid in PH law (lex loci celebrationis) and thus not valid in the US
■ They were related within the degree of kinship prohibited from marrying under PH Law
● Officer reached this conclusion by using Article 81 of the PH CC
● Article 81 of the Civil Code of the PH
Marriages between the following are incestuous and void from their performance,
whether the relationship between the parties be legitimate or illegitimate:
(1) Between ascendants and descendants of any degree;
(2) Between collateral relatives by blood within the fourth civil degree.
ISSUE(S) AND HOLDING(S):
1. WON Petitioner Bautista’s marriage is incestous and void according to Article 81 of the PH CC - NO
RATIO:
1. According to Article 81 of the CC of the PH
○ Proscribes marriages within FOURTH degree of consanguinity
○ Petitioner Bautista’s wife is his cousin’s daughter, thus within the FIFTH degree
i. Thus not proscribed by Article 81 of the PH Code
ii. As PH law recognizes the marriage as valid, US law must as well (lex loci celebrationis)

DISPOSTIVE: Visa petition approved

C2023(MENDIOLA) - PERSONS, PANGALANAN