Orbecido
Divorce obtained in
the United States by
naturalized American
spouse
Filipino spouse sought
enforcement of
divorce in the
Philippines
The effects of the
divorce decree must be
recognized in favor of
the Filipino spouse
pursuant to Article
26(2) of the Family
Code. Accordingly,
the Filipino spouse
should be allowed to
re-marry.
Dacasin
Divorce obtained in
the United States by
Filipino spouse
American spouse
sought enforcement of
the Joint Custody
Agreement he had
executed with his
former Filipino wife,
which bore terms
contrary to those in
the divorce decree
The divorce decree is
binding on the
American spouse,
pursuant to the
nationality principle.
Accordingly, he
cannot be allowed to
evade the same by
invoking the terms of
the Joint Custody
Agreement.
Bayot v. Court, of Divorce obtained in
Appeals[17] (Bayot) the Dominican
Republic by
naturalized American
spouse
Naturalized American
spouse sought
annulment of her
marriage with her
Filipino spouse
through a petition for
annulment filed before
the Regional Trial
Court (RTC)
The divorce decree is
binding on the
naturalized American
spouse, pursuant to the
nationality principle.
Accordingly, she is
left without any cause
of action before the
RTC, as a petition for
annulment
presupposes a
subsisting marriage.
Fujiki v.
Divorce obtained in
Marinay[18] (Fujiki) Japan by Filipina wife
against her second
husband, who is a
Japanese national
First husband (also a
Japanese national)
sought recognition of
the divorce obtained
by his Filipina wife
against her second
husband through a
Petition for Judicial
Recognition of
Foreign Judgment (or
Decree of Absolute
Nullity of Marriage)
The effect of the
divorce decree issued
pursuant to Japanese
law may be recognized
in the Philippines in
order to affect the
status of the first
husband, who,
pursuant to the
nationality principle, is
governed by Japanese
law. Such recognition
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