Bayot vs Court of Appeals

G.R. No. 155635/November 7, 2008

Facts:
Vicente and Rebecca were married on April 20, 1979 in Sanctuario de San
J o s e , Mandaluyong City. The marriage certificate identified Rebecca to be an American citizen born inAgaña, Guam, USA,
whose parents are also both American citizens. On November 27, 1982,Rebecca gave birth to their daughter
in San Francisco, California. However, from then on their marital relationship seemed to have soured as the Rebecca,
sometime in 1996, initiated
divorce proceedings in the Dominican Republic. On February 22, 1996, the Dominican Court issuedCivil Decree No. 362/96
ordering the dissolution of the couple’s marriage.
On March 21, 2001, Rebecca filed another petition, this time before the Muntinlupa
CityR T C , f o r d e c l a r a t i o n o f a b s o l u t e n u l l i t y o f m a r r i a g e o n t h e g r o u n d o f V i c e n t e
' s a l l e g e d psychological incapacity. On June 8, 2001, Vicente filed a Motion to Dismiss. To the motion todismiss, Rebecca
interposed an opposition, insisting on her Filipino citizenship, as affirmed bythe Department of Justice (DOJ), and that, therefore,
there is no valid divorce to speak of. RTCruled against Vicente. CA ruled in favor of Vicente stating that the marriage between the
spouseswas already dissolved upon the grant of divorce since Rebecca was an American citizen whenshe applied
for such decree.

Issue:
Whether or not the marriage between Rebecca and Vicente has been dissolved by theformer having obtained a
decree of divorce abroad.

Held:
Y e s . T h e C o u r t s u r m i s e d t h a t b a s e d o n t h e e v i d e n c e s p r e s e n t e d , R e b e c c a w a s n o t a Filipino
citizen when the divorce was validly granted by the Dominican Republic court. Thedivorce decree in question
brings into play the second paragraph of Art. 26 of the Family
Code,w h i c h p r o v i d e s , “ W h e r e a m a r r i a g e b e t w e e n a F i l i p i n o c i t i z e n a n d a f o r e i g n e r i s v a l i d l y
celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitatingh i m o r h e r
t o r e m a r r y , t h e F i l i p i n o s p o u s e s h a l l l i k e w i s e h a v e c a p a c i t y t o r e m a r r y u n d e r Philippine law.” (As
amended by E.O. 227 )
The reckoning point is not the citizenship of the parties at the time of the celebration of the marriage, but
their citizenship
at the time a valid divorce is obtained abroad
b y the alienspouse capacitating the latter to remarry.