But according to the SC it would be very unfair on the part of the Filipino

But according to the sc it would be very unfair on

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But according to the SC, it would be very unfair on the part of the Filipino spouse to not be capacitated to contract marriage under our law even if the other spouse have already divorced him. There would be an absurd situation whereby there is here a Filipino spouse who is still married to another with a spouse who already divorced him. According to the Court, Justice is absurd. The reckoning point would be the citizenship of the parties at the time the divorce decree was obtained . Not the citizenship of the parties at the time of celebration. Corpuz vs. Sto. Tomas Corpuz is a former Filipino who became a Canadian citizen. And then he came to PH and married Jocelyn in Jan 2005. He has to return immediately to Canada for work and decided to surprise the wife who was left in the PH, who was himself surprised. - Because the wife was already having an affair with another man. So he went to Canada and obtained a divorce and was granted on Dec 2005. Then he wanted to remarry another Filipina. So what he did is he went to court and filed this petition for recognition of that decree of divorce to prove that he is capacitated to contract another marriage under our law. The SC said NO because you are governed by your national law, you are not governed by our law. This should be filed instead by the Filipino spouse to capacitate him/her to remarry, but not by Corpuz. But anyway, she conformed to the petition because she really wanted to file for the recognition of the decree of divorce but was hindered by financial reasons she could not file, so the Court remanded it to the trial court to receive evidence on the validity of the divorce decree in accordance with the Rules of Court on requiring proof of a foreign judgment. Rule 132, Sec. 24 and 25. Fujiki vs. Mahinay Fujiki and Marinay were married in PH. Fujiki was a Japanese citizen but the relatives Fujiki, his parents were against the marriage. So he left Marinay. Marinay subsequently married another Japanese, Maekara. So they got married and Maekara brought with him Marinay. But Marinay was the recipient of love punches, she was physically abused by Maekara. So what she did is to try to locate Fujiki. And it was now Fujiki who helped her to obtain a decree of nullity of marriage with Maekara on the ground that the marriage was bigamous which is a valid ground under the Japanese law. When judgment was rendered, Fujiki came to the PH and have that decree of nullity be recognized by the court. The lower court of course said no, you are not the proper party because in the declaration of nullity of marriage, only the husband and the wife. So he went to the SC, the SC said that the lower court was in error for it was not actually a declaration of nullity but it was for the recognition of the decree of nullity which is also a valid ground for nullifying a marriage under our law. As to the absence of personality of Fujiki to file that petition, according to SC, he has the personality because that will also affect his personal status being still married to Marinay.
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