Bayot vs. Court of Appeals

G.R. No. 155635             November 7, 2008

MARIA REBECCA MAKAPUGAY BAYOT, petitioner, 
vs.
THE HONORABLE COURT OF APPEALS and VICENTE MADRIGAL BAYOT, respondents.

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G.R. No. 163979             November 7, 2008

MARIA REBECCA MAKAPUGAY BAYOT, petitioner, 
vs.
VICENTE MADRIGAL BAYOT, respondent.

The Case

This is a petition for review under Rule 45, docketed G.R. No. 163979, assails the March 25, 2004 Decision of the CA, (1) dismissing Civil Case No. 01-094, a suit for declaration of absolute nullity of marriage with application for support commenced by Rebecca against Vicente before the Regional Trial Court (RTC) in Muntinlupa City; and (2) setting aside certain orders and a resolution issued by the RTC in the said case.

The Fact

April 20, 1979, Vicente and Rebecca were married on in Sanctuario de San Jose, Greenhills, Mandaluyong City. On its face, the Marriage Certificate identified Rebecca, then 26 years old, to be an American citizen born in Agaña, Guam, USA to Cesar Tanchiong Makapugay, American, and Helen Corn Makapugay, American.

November 27, 1982, Rebecca gave birth to Marie Josephine Alexandra or Alix in San Francisco, California. From then on, Vicente and Rebecca's marital relationship seemed to have soured.

Sometime in1996, Rebecca initiated divorce proceedings in the Dominican Republic. Rebecca personally appeared before the Court of the First Instance of the Judicial District of Santo Domingo while Vicente was duly represented by counsel.

February 22, 1996, the Dominican court issued Civil Decree No. 362/96, ordering the dissolution of the couple's marriage and "leaving them to remarry after completing the legal requirements," but giving them joint custody and guardianship over Alix.

March 14, 1996, or less than a month from the issuance of Civil Decree No. 362/96, Rebecca filed with the Makati City RTC a petition dated January 26, 1996, with attachments, for declaration of nullity of marriage, docketed as Civil Case No. 96-378. Rebecca, however, later moved and secured approval of the motion to withdraw the petition.

May 29, 1996, Rebecca executed an Affidavit of Acknowledgment stating under oath that she is an American citizen; that, since 1993, she and Vicente have been living separately.

March 21, 2001, Rebecca filed another petition, this time before the Muntinlupa City RTC, for declaration of absolute nullity of marriage on the ground of Vicente's alleged psychological incapacity. Docketed as Civil Case No. 01-094 and entitled as Maria Rebecca Makapugay Bayot v. Vicente Madrigal Bayot.

 June 8, 2001, Vicente filed a Motion to Dismiss on, inter alia, the grounds of lack of cause of action and that the petition is barred by the prior judgment of divorce.

To the motion to dismiss, Rebecca interposed an opposition, insisting on her Filipino citizenship, as affirmed by the Department of Justice (DOJ), and that, therefore, there is no valid divorce to speak of.

Meanwhile, Vicente, who had in the interim contracted another marriage, and Rebecca commenced several criminal complaints against each other. Specifically, Vicente filed adultery and perjury complaints against Rebecca. Rebecca, on the other hand, charged Vicente with bigamy and concubinage.

ISSUE

Whether or not the divorce is valid

HELD

Yes. The divorce is valid.

First, At the time of the divorce, as above elucidated, Rebecca was still to be recognized, assuming for argument that she was in fact later recognized, as a Filipino citizen, but represented herself in public documents as an American citizen. At the very least, she chose, before, during, and shortly after her divorce, her American citizenship to govern her marital relationship.

Second, she secured personally said divorce as an American citizen, as is evident in the text of the Civil Decrees, which pertinently declared:

IN THIS ACTION FOR DIVORCE in which the parties expressly submit to the jurisdiction of this court, by reason of the existing incompatibility of temperaments x x x. The parties MARIA REBECCA M. BAYOT, of United States nationality, 42 years of age, married, domiciled and residing at 502 Acacia Ave., Ayala Alabang, Muntin Lupa, Philippines, x x x, who personally appeared before this court, accompanied by DR. JUAN ESTEBAN OLIVERO, attorney, x x x and VICENTE MADRIGAL BAYOT, of Philippine nationality, of 43 years of age, married and domiciled and residing at 502 Acacia Ave., Ayala Alabang, Muntin Lupa, Filipino, appeared before this court represented by DR. ALEJANDRO TORRENS, attorney, x x x, revalidated by special power of attorney given the 19^th of February of 1996, signed before the Notary Public Enrico L. Espanol of the City of Manila, duly legalized and authorizing him to subscribe all the acts concerning this case.

Third, being an American citizen, Rebecca was bound by the national laws of the United States of America, a country which allows divorce. 

Fourth, the property relations of Vicente and Rebecca were properly adjudicated through their Agreement executed on December 14, 1996 after Civil Decree No. 362/96 was rendered on February 22, 1996, and duly affirmed by Civil Decree No. 406/97 issued on March 4, 1997. Veritably, the foreign divorce secured by Rebecca was valid.

The Court has taken stock of the holding that a foreign divorce can be recognized here, provided the divorce decree is proven as a fact and as valid under the national law of the alien spouse. Be this as it may, the fact that Rebecca was clearly an American citizen when she secured the divorce and that divorce is recognized and allowed in any of the States of the Union, the presentation of a copy of foreign divorce decree duly authenticated by the foreign court issuing said decree is, as here, sufficient.

As the records show, Rebecca, assisted by counsel, personally secured the foreign divorce while Vicente was duly represented by his counsel, a certain Dr. Alejandro Torrens, in said proceedings. As things stand, the foreign divorce decrees rendered and issued by the Dominican Republic court are valid and, consequently, bind both Rebecca and Vicente.

In determining whether or not a divorce secured abroad would come within the pale of the country's policy against absolute divorce, the reckoning point is the citizenship of the parties at the time a valid divorce is obtained