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Civil Law
Civil Law•Conflicts of Law•Law School Notes•Persons and Family Relations

Gerbert Corpuz vs. Daisilyn Sto. Tomas, G.R No. 186571, August 11, 2010

January 30, 2023 by Vala No Comments

FACTS:

Gerbert R. Corpuz, a former Filipino citizen,  who acquired Canadian citizenship through naturalization married Daisylyn Sto. Tomas. When he found that his wife was having an affair, Gerbert filed a petition for divorce in Canada; and was granted. 

After 2 years, Gerbert found a new love and decided to marry. He then filed a petition for judicial recognition of foreign divorce and/or declaration of marriage as dissolved. RTC denied the petition and concluded that Gerbert was not the proper party to institute the action for judicial recognition of the foreign divorce decree as he is a naturalized Canadian citizen.  It ruled that only the Filipino spouse can avail of the remedy, under the second paragraph of Article 26 of the Family Code, in order for him or her to be able to remarry under Philippine law.

Gerbert considers himself as a proper party, vested with sufficient legal interest, to institute the case, as there is a possibility that he might be prosecuted for bigamy if he marries his Filipina fiancée in the Philippines since two marriage certificates, involving him, would be on file with the Civil Registry Office.

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Civil Law•Conflicts of Law•Law School Notes•Persons and Family Relations

Republic of the Philippines v. Cipriano Orbecido III, G.R. No. 154380, 5 October 2005.

by Vala No Comments

FACTS:

Cipriano Orbecido III married Lady Myros M. Villanueva at the United Church of Christ in the Philippines in Lam-an, Ozamis City. Their marriage was blessed with a son and a daughter.

Myros left for the United States bringing along their son Kristoffer. She had been naturalized as an American citizen, obtained divorce decree and married a certain Innocent Stanley.

Cipriano thereafter filed with the trial court a petition for authority to remarry invoking Paragraph 2 of Article 26 of the Family Code. The Republic, herein petitioner, through the Office of the Solicitor General (OSG), sought reconsideration but it was denied.

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Civil Law•Conflicts of Law•Law School Notes

Imelda M. Pilapil vs. Hon. Corona Ibay-Somera, G.R. No. 80116, June 30, 1989

by Vala No Comments

FACTS:

Pilapil, a Filipino citizen, and Geiling, a German national, were married in Germany. The couple lived together for some time in Malate, Manila where their only child, Isabella Pilapil Geiling, was born on April 20, 1980.

On the grounds of alleged failure of their marriage, Geiling filed a divorce against Pilapil in Germany. The divorce of decree was granted. On the other hand, the petitioner filed an action for legal separation, support and separation of property before the Regional Trial Court of Manila.

More than five months after the issuance of the divorce decree, Geilingt filed two complaints for adultery before the City Fiscal of Manila alleging that, while still married, Pilapil had an affair with 2 men.

Petitioner filed a motion to quash on the ground of lack of jurisdiction because Geiling does not qualify as an offended spouse having obtained a final divorce decree under his national law prior to his filing the criminal complaint.

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Civil Law•Conflicts of Law•Law School Notes

Saudi Arabian Airlines v. Court of Appeals, G.R. No. 122191, October 8, 1998.

by Vala No Comments

FACTS:

Morada is  a Flight Attendant for SAUDIA airlines based in Jeddah, Saudi Arabia. While on a lay-over in Jakarta, Indonesia, Morada went to a disco dance with fellow crew members Thamer AlGazzawi and Allah Al-Gazzawi, both Saudi nationals. Thamer attempted to rape Morada. Fortunately, a roomboy and several security personnel helped and rescued her. Later, the Indonesian police came and arrested Thamer and Allah Al-Gazzawi, the latter as an accomplice. When plaintiff returned to Jeddah, SAUDIA officials requested her to help arrange the release of Thamer and Allah; but she refused to cooperate.  

Through the intervention of the Saudi Arabian government, the Indonesian authorities agreed to deport Thamer and Allah. Eventually, they were again put in service by SAUDIA.  She was forced to drop the cases. After one year and a half, a few minutes before the departure of her flight to Manila, Morada was not allowed to board the plane SAUDIA unless she signed a document written in Arabic. It turned out to be a notice to her to appear before the court. Morada then returned to Manila.

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