Corpus vs Sto. Tomas, G. R. No.

186571, August 11, 2010

FACTS:

Petitioner was a former Filipino citizen who acquired Canadian citizenship through
naturalization. He was married to the respondent but was shocked of the infidelity on the part
of his wife. He went back to Canada and filed a petition for divorce and was granted. Desirous
to marry another woman he now loved, he registered the divorce decree in the Civil Registry
Office and was informed that the foreign decree must first be judicially recognized by a
competent Philippine court. Petitioner filed for judicial recognition of foreign divorce and
declaration of marriage as dissolved with the RTC where respondent failed to submit any
response. The RTC denied the petition on the basis that the petitioner lacked locus standi. Thus,
this case was filed before the Court.

ISSUE:

Whether the second paragraph of Article 26 of the Family Code grant aliens the right to
institute a petition for judicial recognition of a foreign divorce decree.

RULING:

No. The second paragraph of Article 26 of the Family Code bestows no rights in favor of aliens
BUT the foreign divorce decree obtained by such alien, may be proven in court and recognized
according to our rules of evidence. Thus, it serves as a presumptive evidence of right in favor of
the alien, pursuant to Section 48, Rule 39 of the Rules of Court which provides for the effect of
foreign judgments.