CORPUZ v. STO.

TOMAS
FACTS:
-

Gerbert R. Corpuz, a former Filipino citizen who acquired Canadian

citizenship through naturalization, was married to Daisylyn T. Sto. Tomas,
a Filipino citizen in Pasig City.
When Corpuz found out about Sto. Tomas extra marital affair, he filed a
petition for divorce in Canada.
The petition was granted and took effect a month thereafter its grant.
2 years after the divorce, Corpuz entered into a new relationship and
wanted to marry his fiance in the Philippines.
Corpuz registered the Canadian divorce decree before the Pasig City Civil
Registry.
An official of the NSO informed Corpuz that a foreign divorce decree to
become enforceable, it must first be judicially recognized by a Philippine
court.
Corpuz filed a petition for judicial recognition of foreign divorce before the
RTC.
Sto. Tomas submitted a notarized letter/manifestation in lieu of the
counter-affidavit.
According to Sto. Tomas, she has no opposition to Corpuzs petition and
she be considered a party-in-interest.
RTC denied Corpuzs petition because he was not the proper party to
institute the action due to the fact that he is a Canadian citizen and only
the Filipino spouse can avail of the remedy.
Hence this petition.

ISSUES:
-

WON Corpuz can claim the right under the 2 nd par. Of Art. 26 FC

No. Corpuz can claim no right.

The 2nd par. Of Art. 26 FC provided the Filipino spouse a substantive right
to have his or her marriage to the alien spouse considered as dissolved,
capacitating him or her to remarry.
Art. 26 is the direct exception to Art. 17 and serves as a basis for
recognizing the dissolution of marriage between the Filipino spouse and
alien spouse.
Only the Filipino spouse can invoke the 2nd par. Of Art 26 FC
No court in this jurisdiction can make a similar declaration for the alien
spouse, whose status and legal capacity are governed by his national law.
Divorce obtained by an alien abroad may be recognized in the Phils.,
provided that it is valid according to his or her national law.
Before a foreign divorce judgment can be recognized its authenticity must
be proven as facts under our laws.

HELD:

The law requires proof either by:

o Official publications; or
o Copies attested by the officer having legal custody of the
documents
If the copies of official records are not kept in the Phils., these must be:
o Accompanied by a certificate issued by the proper diplomatic or
consular officer in the Phil foreign service stationed in the foreign
country in which the record is kept; and
o Authenticated by the seal of his office
Corpuz failed to include a copy of the Canadian law on Divorce.
The court may simply dismiss the petition for insufficiency of supporting
evidence, unless it should be remanded to the RTC.