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Van Dorn V Romillo

1) Petitioner (Alice Reyes) and private respondent (Richard Upton) were married in Hong Kong in 1972 and lived in the Philippines, having two children. They divorced in Nevada in 1982. Petitioner remarried. 2) Private respondent filed suit claiming petitioner's business is conjugal property and he has right to manage it. Petitioner argued the claim is barred by the divorce judgment acknowledging no community property. 3) The court denied the motion to dismiss, finding the divorce decree has no bearing since the property is in the Philippines. Petitioner appeals, arguing private respondent is estopped by representing no community property in the divorce.

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Justin Mikhael Abraham
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145 views1 page

Van Dorn V Romillo

1) Petitioner (Alice Reyes) and private respondent (Richard Upton) were married in Hong Kong in 1972 and lived in the Philippines, having two children. They divorced in Nevada in 1982. Petitioner remarried. 2) Private respondent filed suit claiming petitioner's business is conjugal property and he has right to manage it. Petitioner argued the claim is barred by the divorce judgment acknowledging no community property. 3) The court denied the motion to dismiss, finding the divorce decree has no bearing since the property is in the Philippines. Petitioner appeals, arguing private respondent is estopped by representing no community property in the divorce.

Uploaded by

Justin Mikhael Abraham
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Alice Reyes Van Dorn, Petitioner v. Hon.

Manuel Romillo, public respondent, and


Richard Upton, Private Respondent
Facts:
Petitioner is a citizen of the Philippines while private respondent is a citizen of the United
States. They were married in Hongkong in 1972 and they established their residence in the
Philippines. They begot two children; however, the parties were divorced in Nevada, United
States, in 1982. Petitioner has re-married since, this time to Theodore Van Dorn.

Private respondent filed suit against petitioner stating that her business in Ermita, Manila,
(the Galleon Shop, for short), is conjugal property of the parties, and that private respondent
be declared with right to manage the conjugal property. Petitioner moved to dismiss the
case on the ground that the cause of action is barred by previous judgment in the divorce
proceedings because respondent acknowledged he and petitioner had "no community
property.

The Court below denied the Motion to Dismiss in the mentioned case on the ground that the
property involved is located in the Philippines so that the Divorce Decree has no bearing in
the case. Hence this appeal.

Petitioner contends that respondent is estopped from laying claim on the alleged conjugal
property because of the representation he made in the divorce proceedings that they had no
community of property because the Galleon Shop was not established through conjugal
funds, and that respondent's claim is barred by prior judgment.

Respondent avers that the Divorce Decree issued by the Nevada Court cannot prevail over
the prohibitive laws of the Philippines and its declared national policy; that the acts and
declaration of a foreign Court cannot, especially if the same is contrary to public policy,
divest Philippine Courts of jurisdiction to entertain matters within its jurisdiction.

Issue:
WON Private Respondents contention is valid and meritorious

Ruling:
No. There can be no question as to the validity of that Nevada divorce in any of the States of
the United States. The decree is binding on private respondent as an American citizen. For
instance, private respondent cannot sue petitioner, as her husband, in any State of the
Union. What he is contending in this case is that the divorce is not valid and binding in this
jurisdiction, the same being contrary to local law and public policy.

Since aliens may obtain divorces abroad, which may be recognized in the Philippines,
provided they are valid according to their national law, the divorce in Nevada released
private respondent from the marriage from the standards of American law, under which
divorce dissolves the marriage.

To maintain, as private respondent does, that, under our laws, petitioner has to be
considered still married to private respondent and still subject to a wife's obligations under
Article 109, et. seq. of the Civil Code cannot be just. Petitioner should not be obliged to live
together with, observe respect and fidelity, and render support to private respondent. The
latter should not continue to be one of her heirs with possible rights to conjugal property.
She should not be discriminated against in her own country if the ends of justice are to be
served.

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