ALICE REYES VAN DORN, petitioner, v. HON. MANUEL V. ROMILLO, JR. AND RICHARD UPTON, respondents.
No. L-68470. October 8, 1985.
Facts:
Petitioner Alicia Reyes Van is citizen of the Philippines while private respondent Richard Upton is a citizen of the United States, were married on 1972 at Hongkong. On 1982, they got divorced in Nevada, United States; and the petitioner remarried to Theodore Van Dorn.
On July 8, 1983, private respondent filed suit against petitioner, asking that the petitioner be ordered to render an accounting of her business in Ermita, Manila, and be declared with right to manage the conjugal property. Petitioner moved to dismiss the case on the ground that the cause of action is barred by previous judgement in the divorce proceeding before Nevada Court where respondent acknowledged that they had no community property. The lower court denied the motion to dismiss on the ground that the property involved is located in the Philippines, that the Divorce Decree has no bearing in the case. Respondent avers that Divorce Decree abroad cannot prevail over the prohibitive laws of the Philippines.
Issue:
(1) Whether or not the divorce obtained the spouse valid to each of them.
(2) Whether or not Richard Upton may assert his right on conjugal properties.
Held:
As to Richard Upton the divorce is binding on him as an American Citizen. 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. Only Philippine Nationals are covered by the policy against absolute divorce the same being considered contrary to our concept of public policy and morality. Alicia Reyes under our National law is still considered married to private respondent. However, 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 her own country if the ends of justice are to be served.
