Van Dorn vs.

Romillo

FACTS:

Alice Reyes was married to Richard Upton, a US citizen. The marriage was held
in Hong Kong in 1972. They established their residence in the Philippines and begot two
children. However, in 1982, they decided to file for divorce in Nevada, United States.
Thereafter, Alice remarried to Theodore Van Dorn in Nevada.
In June 8, 1983, Richard filed a suit against Alice alleging that the Galleon shop
managed by the latter was their conjugal property, thus, entitling him to manage the
same. The petitioner, then, responded that they had not acknowledged any conjugal
property as of June 11, 1982 as evidenced by the divorce proceedings before the
Nevada Court.

ISSUE:
1) Is the divorce executed in Nevada valid?

2) Does the divorce work against the right of Richard to demand accounting of the
alleged conjugal property.

RULING:

Yes, the foreign divorce is valid. Under Article 15 of the Civil Code, laws relating to
family rights, duties, or status, condition, and legal capacity shall be binding to all
citizens of the Philippines, even though living abroad. In the present case, the said
provision works against the respondent, being an American national. He cannot allege
that the divorce is invalid for contravening with the laws of the Philippines on the
concept of public policy, good morals, and customs. Foreign individuals can validly
settle divorce in the foreign soil, which is governed by their country of origin. It can,
therefore, be construed that the divorce is valid and with force and effect. Moreover, the
respondent is estopped by his own representation before the Nevada, acknowledging
that they do not have any community property as of June 11, 1982.