In the case of Gerbert R. Corpuz vs. Daisylyn Tirol Sto. Tomas and the Solicitor General, the Supreme Court addressed the requirements and procedures for recognizing a foreign divorce obtained by a Filipino citizen and a foreign spouse. The decision highlights the conditions under Philippine law for the judicial recognition of foreign divorce decrees and how such recognition must be sought.
Case Background
Gerbert R. Corpuz, a naturalized Canadian citizen, married Filipina Daisylyn Sto. Tomas in 2005. After discovering that Daisylyn was involved in an extramarital affair, Gerbert returned to Canada, where he filed for and obtained a divorce in 2006. Desiring to remarry in the Philippines, he sought to have the divorce decree recognized so he could lawfully remarry. However, Philippine law requires a judicial order for the recognition of a foreign divorce, prompting Gerbert to file a petition with the Regional Trial Court (RTC) for this purpose.
The RTC denied Gerbert’s petition, ruling that, under Article 26 of the Family Code, only the Filipino spouse may file for judicial recognition of the divorce. This provision allows a Filipino spouse to remarry if their foreign spouse has obtained a divorce abroad. Since Gerbert, the foreign spouse, filed the petition, the RTC ruled that he could not avail himself of this provision.
Jurisdictional and Procedural Requirements: Rule 108
The Supreme Court noted that changes in the civil registry must comply with strict jurisdictional and procedural requirements set by Article 412 of the Civil Code and Rule 108 of the Rules of Court. Article 412 stipulates that no entry in the civil register may be altered without a judicial order, while Rule 108 provides a special procedure for the judicial correction or cancellation of civil registry entries.
For the judicial recognition of foreign divorce, Rule 108 mandates the following:
- The petition must be filed with the RTC in the province where the civil registry is located.
- All interested parties, including the civil registrar, must be named as parties in the proceedings.
- A notice of the time and place of the hearing must be published in a newspaper of general circulation.
Since Gerbert’s petition did not fulfill these jurisdictional requirements, the Supreme Court could not consider it as a proper petition under Rule 108.
Recognition of Foreign Divorce under Rule 108
The Supreme Court clarified that the process for recognizing a foreign divorce decree can be integrated within a Rule 108 proceeding. This would avoid the need for separate proceedings, one for recognizing the foreign divorce and another for correcting or canceling civil registry entries. Rule 108 provides an avenue to establish the legal status or rights of a party and can serve as an adversarial proceeding to test the validity of a foreign judgment, especially in terms of jurisdictional issues, notice, fraud, collusion, or legal mistakes.
Conclusion
This case underscores that for a foreign divorce to be legally recognized in the Philippines, especially where one party is a Filipino citizen, it is necessary to meet procedural requirements under Rule 108. While foreign divorces can be recognized, they must be pursued by the Filipino spouse and follow the jurisdictional prerequisites to be effective in altering civil registry entries. This decision reiterates the importance of due process and adherence to procedural requirements in ensuring that foreign judgments are accurately and fairly integrated into Philippine civil law.
Link to the case: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/54282
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