Van Dorn v. Romillo Digest

Van Dorn vs Romillo
G.R. No. L-68470 October 8, 1985

Ponente: Melencio-Herrera, J.:

Facts:

After a divorce was granted by a United States court between petitioner Alice Reyes Van Dorn, a Filipina and her American husband, the latter filed a civil case in a trial court here in the Philippines alleging that the her business was conjugal property and praying that she be ordered to render an accounting and that the plaintiff be granted the right to manage the business.

Issue: Whether or not the divorce is valid 

YES. 

There can be no question as to the validity of the Nevada divorce in any of the States of the US. The decree is binding on private respondent as an American citizen. Owing to the nationality principle embodied in Article 15 of the Civil Code, only Philippine nationals are covered by the policy against absolute divorces the same being considered contrary to our concept of public policy and morality. However, aliens may obtain divorces abroad, which may be recognized in the Philippines, provided they are valid according to their national law. The divorce is likewise valid as to the petitioner.

As such, pursuant to his national law, he is no longer the husband of the petitioner. He has no standing to sue as husband of the petitioner over their conjugal assets. He is estopped by his own representation before his own country's court from asserting that right to exercise control over their conjugal assets.