In Dacasin, post-divorce, the former spouses executed an Agreement for the joint custody of their minor daughter.
Later on, the husband, who is a US citizen, sued his Filipino wife to enforce the Agreement, alleging that it was only,
the latter who exercised sole custody of their child. The trial court dismissed the action for lack of jurisdiction, on the
ground, among others, that the divorce decree is binding following the "nationality rule" prevailing in this jurisdiction.
The husband moved to reconsider, arguing that the divorce decree obtained by his former wife is void, but it was
denied. In ruling that the trial court has jurisdiction to entertain the suit but not to enforce the Agreement, which is
void, this Court said:
Nor can petitioner rely on the divorce decree's alleged invalidity - not because the Illinois court lacked jurisdiction or
that the divorce decree violated Illinois law, but because the divorce was obtained by his Filipino spouse - to support
the Agreement's enforceability. The argument that foreigners in this jurisdiction are not bound by foreign divorce
decrees is hardly novel. Van Dorn v. Romillo settled the matter by holding that an alien spouse of a Filipino is bound
by a divorce decree obtained abroad. There, we dismissed the alien divorcee's Philippine suit for accounting of
alleged post-divorce conjugal property and rejected his submission that the foreign divorce (obtained by the Filipino
spouse) is not valid in this jurisdiction x x x.[30]
Van Dorn was decided before the Family Code took into effect. There, a complaint was filed by the ex-husband, who
is a US citizen, against his Filipino wife to render an accounting of a business that was alleged to be a conjugal
property and to be declared with right to manage the same. Van Dorn moved to dismiss the case on the ground that
the cause of action was barred by previous judgment in the divorce proceedings that she initiated, but the trial court
denied the motion. On his part, her ex-husband averred that the divorce decree issued by the Nevada court could not
prevail over the prohibitive laws of the Philippines and its declared national policy; that the acts and declaration of a
foreign court cannot, especially if the same is contrary to public policy, divest Philippine courts of jurisdiction to
entertain matters within its jurisdiction. In dismissing the case filed by the alien spouse, the Court discussed the effect
of the foreign divorce on the parties and their conjugal property in the Philippines. Thus:
There can be no question as to the validity of that Nevada divorce in any of the States of the United States. The
decree is binding on private respondent as an American citizen. For instance, private respondent cannot sue
petitioner, as her husband, in any State of the Union. What he is contending in this case is that the divorce is not
valid and binding in this jurisdiction, the same being contrary to local law and public policy.
It is true that owing to the nationality principle embodied in Article 15 of the Civil Code, only Philippine nationals are
covered by the policy against absolute divorces the same being considered contrary to our concept of public policy
and morality. However, aliens may obtain divorces abroad, which may be recognized in the Philippines, provided they
are valid according to their national law. In this case, the divorce in Nevada released private respondent from the
marriage from the standards of American law, under which divorce dissolves the marriage. As stated by the
Federal Supreme Court of the United States in Atherton vs. Atherton, 45 L. Ed. 794, 799:
"The purpose and effect of a decree of divorce from the bond of matrimony by a court of competent jurisdiction are to
change the existing status or domestic relation of husband and wife, and to free them both from the bond. The
marriage tie, when thus severed as to one party, ceases to bind either. A husband without a wife, or a wife without a
husband, is unknown to the law. When the law provides, in the nature of a penalty, that the guilty party shall not
marry again, that party, as well as the other, is still absolutely freed from the bond of the former marriage."
Thus, pursuant to his national law, private respondent is no longer the husband of petitioner. He would have no
standing to sue in the case below as petitioner's husband entitled to exercise control over conjugal assets. As he is
bound by the Decision of his own country's Court, which validly exercised jurisdiction over him, and whose decision
he does not repudiate, he is estopped by his own representation before said Court from asserting his right over the
alleged conjugal property.
To maintain, as private respondent does, that, under our laws, petitioner has to be considered still married to private
respondent and still subject to a wife's obligations under Article 109, et. seq. of the Civil Code cannot be just.
Petitioner should not be obliged to live together with, observe respect and fidelity, and render support to private
respondent. The latter should not continue to be one of her heirs with possible rights to conjugal property. She should
not be discriminated against in her own country if the ends of justice are to be served. [31]
In addition, the fact that a validly obtained foreign divorce initiated by the Filipino spouse can be recognized and given
legal effects in the Philippines is implied from Our rulings in Fujiki v. Marinay, et al.[32] and Medina v. Koike.[33]
In Fujiki, the Filipino wife, with the help of her first husband, who is a Japanese national, was able to obtain a
judgment from Japan's family court, which declared the marriage between her and her second husband, who is a
Japanese national, void on the ground of bigamy. In resolving the issue of whether a husband or wife of a prior
marriage can file a petition to recognize a foreign judgment nullifying the subsequent marriage between his or her
spouse and a foreign citizen on the ground of bigamy, We ruled:
Fujiki has the personality to file a petition to recognize the Japanese Family Court judgment nullifying the marriage
between Marinay and Maekara on the ground of bigamy because the judgment concerns his civil status as married to
Marinay. For the same reason he has the personality to file a petition under Rule 108 to cancel the entry of marriage
between Marinay and Maekara in the civil registry on the basis of the decree of the Japanese Family Court.