ALICE REYES VAN DORN, petitioner, VS. HON. MANUEL ROMILLO JR., as Presiding Judge of
Branch CX, Regional Trial Court of the National Capital Region Pasay City and RICHARD
UPTON, respondents
October 8, 1985
FACTS:
Alice Reyes, the petitioner is a citizen of the Philippines while private respondent Richard Upton is a citizen of the United States. They were married in Hong Kong in 1972 and they established residence in the Philippines. They had two children and they were divorced in Nevada, USA in 1982. The petitioner remarried in Nevada to Theodore Van Dorn. The private responded filed against petitioner stating that the petitioner’s business is a conjugal property of the parties and that respondent is 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 judgment in the divorce proceedings before the Nevada Court, where respondent acknowledged that they had no community property as of June 11, 1982.
ISSUE:
Whether or not the private respondent as petitioner’s husband is entitled to exercise control over conjugal assets?
RULING:
The petition is granted. Complaint is dismissed.
The policy against absolute divorce cover only Philippine nationals. However, aliens may obtain divorce abroad, which may be recognized in the Philippines provided they are valid according to their national law.
From the standards of American law, under which divorce dissolves marriage, the divorce in Nevada released private respondent from the marriage between them with the petitioner. 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 as petitioner’s husband entitled to exercise control over conjugal assets. He is estopped by his own representation before said court from asserting his right over the alleged conjugal property.
UPTON, respondents
October 8, 1985
FACTS:
Alice Reyes, the petitioner is a citizen of the Philippines while private respondent Richard Upton is a citizen of the United States. They were married in Hong Kong in 1972 and they established residence in the Philippines. They had two children and they were divorced in Nevada, USA in 1982. The petitioner remarried in Nevada to Theodore Van Dorn. The private responded filed against petitioner stating that the petitioner’s business is a conjugal property of the parties and that respondent is 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 judgment in the divorce proceedings before the Nevada Court, where respondent acknowledged that they had no community property as of June 11, 1982.
ISSUE:
Whether or not the private respondent as petitioner’s husband is entitled to exercise control over conjugal assets?
RULING:
The petition is granted. Complaint is dismissed.
The policy against absolute divorce cover only Philippine nationals. However, aliens may obtain divorce abroad, which may be recognized in the Philippines provided they are valid according to their national law.
From the standards of American law, under which divorce dissolves marriage, the divorce in Nevada released private respondent from the marriage between them with the petitioner. 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 as petitioner’s husband entitled to exercise control over conjugal assets. He is estopped by his own representation before said court from asserting his right over the alleged conjugal property.