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28 Van Dorn v.

Romillo

DOCTRINE: Aliens may obtain divorces abroad, which may be recognized in the Philippines,
provided they are valid in their national law.
SUMMARY: Alice Reyes Van Dorn, Filipina, and Richard Upton, American, married but later acquired
divorce in Nevada, United States. Richard the filed before RTC of Pasay, in asserting his right to manage
Galleon Shop as their conjugal property, argues that the Nevada divorce is not binding in the Philippines
as divorce is prohibited in the country. Alice argues otherwise, saying further that because Richard
represented in the divorce proceedings that they have no "community property", his cause of action is
barred. The Court held however held that the Nevada Court had jurisdiction over Richard, meaning he is
bound by the decree and therefore his representation in the proceedings bars him.

FACTS:
Alice Reyes Van Dorn is a citizen of Philippine; Richard Upton, citizen of US
1972: Alice and Richard married in Hong Kong
April 4, 1973 and December 18, 1975: Alice and Richard had two children
Alice and Richard divorced in Nevada, United States
1982: Alice remarried in Nevada to Theodore Van Dorn
June 8, 1983: Richard filed before RTC Branch C15 of Pasay stating that Galleon Shop in
Ermita, Manila is conjugal property of the parties, that said business be accounted, and that
he be declared with right to manage the conjugal property
Alice: moves to dismiss; cause of action barred in previous judgment in divorce proceedings
wherein Richard acknowledged that he and Alice had "no community property"
RTC: denied MD
Alice elevates case to SC
Alice: Richard's representation in the Nevada Court estops him.
Richard: Nevada Court cannot prevail over prohibitive laws of Philippines

ISSUE:
Whether the Nevada divorce is binding in Philippine jurisdiction

HELD:
YES.
Aliens may obtain divorces abroad, which may be recognized in the Philippines, provided they are
valid in their national law.
Divorce in Nevada released Richard from marriage from the standards of American law, under
which divorce dissolves the marriage.
Richard bound by Court's decision which validly exercised jurisdiction no longer the husband
of Alice no standing to sue as Alice's husband estopped by his own representation before
said Court from asserting his right over alleged conjugal property

DISPOSITION: Petition GRANTED.

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