Maria Rebecca Makapugay Bayot vs. Court of Appeals, et al.

G.R. Nos. 155635 & 163979, November 7, 2008

FACTS:

On April 20, 1979, Vicente, a Filipino, and Rebecca, an American, were married in Muntinlupa.  They
begot a daughter in 1982.

In 1996, Rebecca initiated a divorce proceeding before the Dominican Republic court which it granted
ordering the dissolution of the couple’s marriage and “leaving them to remarry after completing the
legal requirements.”

ISSUE:

Whether or not the divorce decree obtained by Rebecca in Dominican Republic is valid.

RULING:

Yes. Rebecca at the time she applied and obtained her divorce was an American citizen and remains to
be one, being born to American parents in Guam, an American territory which follows the principle of
jus soli granting American citizenship to those who are born there. She was, and may still be, a holder of
an American passport.

She had consistently professed, asserted and represented herself as an American citizen, as shown in
her marriage certificate, in Alix's birth certificate, and when she secured divorce from the Dominican
Republic.

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

In determining whether or not a divorce is 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.