RAYRAY vs. CHAE KYUNG LEE

G.R. No. L-18176            October 26, 1966

LAZARO B. RAYRAY vs. CHAE KYUNG LEE

FACTS:

1.    Sometime in 1952, Lazaro Rayray, a Filipino, and Chae Kyung Lee, a Korean, met in Pusan Korea, they lived together from November 1952 to April 1955 before they were married in Pusan Korea, on March 15, 1953.

2.  Before the wedding, Chae Kyung Lee obtained the "police clearance" written in Korean language dated February 16, 1953, which was necessary in order that she could contract marriage.

3.   On June 30, 1953, Lazaro Rayray proceeded to India and left Chae Kyung Lee, then in advanced stage of pregnancy, in Korea.

4.    On October, 1953, she joined him in India, bringing with her the Police Clearance and its translation into English. He then noticed that Chae Kyung Lee was already married, according to said translation.

5.    He confronted the defendant with the contents of the document, her reply was that it is not unusual for a Korean girl to marry twice in Korea; that when he inquired about her status on March 15, 1953, defendant confided to him that she had lived with about two (2) Americans and a Korean, adding, however, that there was no impediment to her contracting marriage with him; and that, later on, they were separated and her whereabouts are now unknown to him.

6.    Plaintiff Lazaro Rayray seeked the annulment of his marriage to defendant Chae Kyung Lee.

7.    The lower court referred the case to the City Fiscal of Manila pursuant to Articles 88 and 101 of the Civil Code of the Philippines, for the purpose of determining whether or not collusion between the parties exists. Said officer having found no such collusion, the case was heard on the merits.

8.  In due course, thereafter, decision was rendered dismissing plaintiff's complaint, without costs, upon the ground:  that the court could not nullify a marriage contracted abroad

ISSUE

Whether or not the court could nullify the marriage of Lazaro Rayray and Chae Kyung Lee being contracted abroad.

HELD

Yes, the court could nullify the marriage of Lazaro Rayray and Chae Kyung Lee even if it was contracted abroad.  Lazaro Rayray is a citizen of the Philippines, domiciled therein. His status is, therefore, subject to our jurisdiction, on both counts. True that defendant was and — under plaintiff's — theory still is a non-resident alien. But, this fact does not deprive the lower court of its jurisdiction to pass upon the validity of her marriage to plaintiff herein.