Pilapil vs. Ibay Somera(1989)FACTS: Pilapil and Geiling were married in Germany, but were later divorced. A few months later, Geiling filed a complaint for adultery which was dismissed; it was refiled by the fiscalHELD: Geiling has no legal standing to commence the adultery case because the person who initiates the adultery case must be an offended spouse, meaning he must still be married to the accused spouse at the time of the filing of the complaint. Because of the divorce decree, Geiling is no longer the husband of Pilapil; hence he had no more legal standing to commence the adultery case (no longer an offended spouse).Quita vs. Court of Appeals(1998)FACTS: Quita and Padlan were married in the Philippines, but Quita filed for divorce in California which was granted. She remarried twice after the divorce. Upon Padlans death, Quita made claims upon his estate as the surviving spouse and heir of Padlan, alleging that since Padlan was a Filipino citizen, he remained married to her in spite of the divorce decree.HELD: Quitas right to inherit from Padlan depends on her citizenship at the time the divorce was decreed. If she was no longer a Filipino citizen at the time of their divorce, the divorce would be valid as to her and will be recognized in the Philippines, and she would lose her right to inherit.

1. Validity of Foreign Divorce between ForeignersHague Convention on Recognition of Divorce & Legal Separati

A foreign divorce will be recognized in all contracting states if at the date of institution of proceedings: a) Respondent or petitioner had his habitual residence there, orb) Both spouses were nationals of this state, orc) If only the petitioner was a national, he should have his habitual residence there

US Full Faith & Credit Clause of Constitution: A sister state has the duty to recognize a divorce pronounced in a sister state, when both spouses are domiciled there.

If only the plaintiff is domiciled there: Other conditions (i.e. service of process to defendant) must be fulfilled Effect of Divorce Rendered by a Foreign Country: not covered by Full faith & credit clause but would be recognized under the same circumstance that a sister states divorce decree is given recognition.

paramount consideration: jurisdiction of foreign court based on parties domicile.

Philippine Law on Recognition of Foreign Divorce Decree: No provision on recognition of divorce decree b/w non-Filipinos; but such will be recognized under international comity, provided it does not violate a strongly held policy of the Philippines

A. Annulment and Declaration of NullityEffect: Affects status & domestic relations of parties.Distinction from DivorceDivorceAnnulment and Nullity

The ground occurs after marriage celebrationBased on defects present at time of celebration

Grounds for Annulment & Nullity: States w/ traditional choice-of-law approach: follow the lex loci celebrationis States w/ policy-centered approach: follow the law of state of marital domicile (considered to have the most significant interest in status of persons)In both approaches, lex fori (which is crucial in divorce) does not play substantial role because the action turns on the validity of the marriage.Note that in either traditional or policy-centered approaches, lex fori is not used; recall that lex fori can be used in divorce.Both lex loci celebrationis and law of marital domicile can provide jurisdictional basis, but only one can be a choice-of-law in the determination of the annulment decree.Which states can claim adequate jurisdictional basis to hear a conflicts annulment or nullity case?a) state where marriage was celebratedb) place of marital domicileWheaton vs. Wheaton: Even a court which acquires personal JD over parties can grant an annulment case (US case).

Sample conflicts Annulment Case M&F, domiciliaries of STATE A, both 18 years old marry in STATE B w/out knowledge of their parents suit for annulment was brought in STATE C (place of Ms residence)

State C can exercise JD over the case but what is the governing law?

Traditional choice-of-Law rules: will find sufficient ground for the challenge If the lex loci celebrationis (STATE B) requires parental consent for a valid marriage

Most Significant Relationship Approach: will not yield a ground for annulment. State C can conclude that since law of STATE A (state of marital domicile) gives people their age full capacity to marry, no ground for annulment

The Choice of Law rule of STATE C will be irrelevant

B. Parental RelationsWhat law determines legitimacy of a child? Personal law of parents - either domicile or nationality.Most countries: fathers personal lawGerman law: law of head of familyLaw on parental relations include: Paternity FiliationWhat law governs legitimacy of child in the Philippines? National law of the parents.If parents are of different nationality: national law of father is controlling.In the PHILIPPINES: Personal law of the child is the national law of the father if the child is legitimate or legitimated. Personal law of the child is the national law of the mother if the child is illegitimate. Legitimacy of the child determined by the national law of the father if both parents are not Filipino. In the UNITED STATES:as per Second Restatement On Legitimacy of the American Law Institute Child is legitimate if this is his status under the local law where the parent is domiciled when the childs legitimacy is claimed OR when the parent acknowledged the child as his own.Parental Authority over the Child-from concept of patria potestas of Roman lawWhat law controls? Fathers personal law controls rights & duties of parents & children. Art. 211 FC: Reference to fathers personal law may result in joint exercise of parental authority Art. 176 FC: Personal law could grant parental authority to mother of illegitimate children

Scope of Parental Authority:1) care & rearing2) action a parent may file against another for child custody3) requirements for parental consent of childs marriage

C. AdoptionDefinition: The act by which relations of paternity & affiliation as legally existing b/w persons not so related by nature.It is a judicial act w/c creates b/w 2 persons a relationship similar to that w/c results from legitimate paternity & affiliation.Early societies considered it as a means of perpetuating a house or cult threatened by extinction.Original purpose: solace for childless or people who lost childrenRecent time: broader, more humane aimSocial & moral purpose: extend protection of society (in the person of adopter) to the orphan.Thus, persons eligible to adopt expandedWhat law governs? lex domiciliiThe adoption process affects status of parties, necessarily governed by lex domicilii.What if prospective adoptive parent is domiciled in one state & the child is domiciled in another? Twin problems of jurisdiction and choice-of-law. If the main object of adoption is the welfare of the child, the personal law of the child is the best choice-of-law to govern his rights But the personal law of the child cannot be successfully used to invoke jurisdiction if his domicile is merely constructive or if he is a citizen of a state but he doesnt reside there.

Childs personal law as basis for exercise of jurisdiction weakened in situations where childs domicile is: merely constructive, or if he is a citizen of a state but he doesnt reside there (there is little basis for court to protect child interest competently)The continuous movement of people in & out of countries should also be factored in.Can an alien adopt a child in the Philippines?General Rule: not allowedReason: Different family orientation, cultures, customs & traditions could pose problems of adaptation for child.Exceptions: Art 184. Aliens who have some relationship with the child by consanguinity or affinity RA 8552 (Domestic Adoption Act Of 1998)These two introduced significant changes in adoption law.Change Pertinent to Conflict Law 1) Aliens who have resided in the Philippines for 3 years prior to the date of filing the application for adoption, and maintains residency until decree of adoption is granted QUALIFIED TO ADOPT

2) Other requirements: a) certification of legal capacityb) certification that the State law would allow entry of the adoptee as an adopted child of the adopter.

These other requirements may be waived if the adoptee is related by consanguinity or affinity to the adopter, or his/ her spouse as specified by law.

RA 8043:Before this, adoption of Filipino children by foreigners was done pursuant to Rules & Regulations on Foreign Adoption & bilateral agreements.RA 8043 regulate the adoption of Filipino children by aliens, or Filipino citizens permanently residing abroad.

RA 8043 was passed in compliance with our treaty obligation as a signatory to the Hague Convention on Protection of Children & Cooperation In Respect of Intercountry Adoption.Convention pursues modern concept of adoption: After possibilities of adoption for placement of child within state of origin have been exhausted, intercountry adoptions may be placed in the best interest of the child.

Republic of the Philippines vs. CA(1993)FACTS: Hughes is married to Lenita, a Filipina who was later naturalized as an American citizen. They filed a petition to adopt the 3 nephews and niece of Lenita, which was granted.HELD: Hughes is not qualified to adopt since he does not fall under the exceptions in Art. 184 of the Family Code. While Lenita, as a former Filipino, is qualified to adopt under that provision, the adoption decree still cannot be granted because of the requirement in Art. 185 that spouses must jointly adopt. They cannot do this in CAB because Hughes is not qualified under the law.

Effects Of AdoptionWhat law governs rights of adopted child & other effects of legal adption? (law that governed the creation of adoption)2 different legal orders depending on which law governed the creation of adoption:

1) If Personal law of adopter appliedsame law governs effects of adoption.2) If personal law of child appliedsuch law will cease to regulate the resulting parent-child relations; it will yield to the personal law of adopting parents.Philippine courts: Adoption relates to a civil rights of adopted child Does not effect changes in political rights, including eligibility to acquire adopters citizenshipIn the Philippines, principles of enforcement & recognition of a foreign judgment governs, because the decree granting an adoption is in the form of a foreign judgment.

Uggi Lindamand Therkelsen vs. Republic(1964)FACTS: Therkelsen (a German) and his wife Erlinda (a Filipino), filed a petition to adopt Erlindas natural child. The application was denied on the ground that an alien cannot adopt a Filipino unless the adoption would make the Filipino minor a citizen of the aliens country.HELD: The application should be granted. Being a permanent resident here, Therkelsen is not disqualified to adopt under our laws; to deny the application on the above stated ground would be to impose a further requisite on adoptions by aliens beyond those required by law. The citizenship of the adopter is a matter political, not civil in nature, and the ways in which it should be conferred lay outside the ambit of the Civil Code.

Ng Hian vs. Collector of Customs(1916)FACTS: Marcosa married Ng Chion Te. She adopted his 2 children by a previous marriage and brought one of them to the Philippines to study. The child, Ng Hian, was refused entry into the Philippines.HELD: Ng Hian may enter the Philippines by virtue of being adopted by one who has a right to do so. In the case of Ex Parte Fong Yim, it was held that a Chinese merchant domiciled in the US has the right to bring into this country with his wife minor children legally adopted by him in China, where it is shown that the adoption was bona fide, and that the children have lived as members of his family and have been supported by him for several years.