Gerbert R. Corpuz vs Daisylyn Tirol Sto.

Tomas and The Solicitor General

G.R. No. 186571
August 11, 2010
BRION, J.

Issue

Whether the second paragraph of Article 26 of the Family Code grants aliens like Corpuz
the right to institute a petition for judicial recognition of a foreign divorce decree?

Facts

Petitioner Gerbert Corpuz is a naturalized Canadian citizen who married respondent

Daisylyn Tirol Sto. Tomas but subsequently the latter had another man, thus, brought about the
filing of a petition for divorce by Corpuz in Canada which was eventually granted.

Corpuz later had a new Filipina lover and wished to marry her. He went to Civil Registry
Office to register the Canadian divorce decree on his marriage certificate with Sto. Tomas.
However, according to an official therein, their former marriage with Sto. Tomas still subsists
under the Philippine law until there has been a judicial recognition of the Canadian divorce
decree by a competent judicial court.

He filed the said judicial recognition with the RTC. However, the RTC denied the
petition reasoning out that Corpuz cannot institute the action for judicial recognition of the
foreign divorce decree because he is a naturalized Canadian citizen. It was provided further that
Sto. Tomas was the proper party who can institute an action under the principle of Article 26 of
the Family Code. Hence, the petition was raised to the higher courts.

Decision

No, aliens like Corpuz do not have the right of judicial recognition of a foreign divorce
decree. The second paragraph of Article 26 of the Family Code was made for the benefit of the
Filipino spouse, by settling doubts created by a foreign divorce decree. In other words, only the
Filipino spouse can invoke the second paragraph of Article 26 of the Family Code; the alien
spouse can claim no right under this provision.

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