Van Dorn vs. Romillo 139 SCRA 139

FACTS:

Alice Reyes Van Dorn, a Filipino Citizen and private respondent, Richard Upton, a US citizen, was married in Hong Kong in 1979.  They established their residence in the Philippines and had 2 children.  They were divorced in Nevada, USA in 1982 and petitioner remarried, this time with Theodore Van Dorn.  A suit against petitioner was filed on June 8, 1983, stating that petitioner’s business in Ermita Manila, the Galleon Shop, is a conjugal property with Upton and prayed therein that Alice be ordered to render an accounting of the business and he be declared as the administrator of the said property.

ISSUE: Whether or not the foreign divorce between the petitioner and private respondent in Nevada is binding in the Philippines where petitioner is a Filipino citizen.

HELD:

Private respondent is no longer the husband of the petitioner.  He would have no standing to sue petitioner to exercise control over conjugal assets.  He is estopped by his own representation before the court from asserting his right over the alleged conjugal property.  Furthermore, aliens may obtain divorces abroad, which may be recognized in the Philippines, provided they are valid according to their national law.  Petitioner is not bound to her marital obligations to respondent by virtue of her nationality laws.  She should not be discriminated against her own country if the end of justice is to be served.