CASE DIGEST ON VAN DORN V. ROMILLO

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CASE DIGEST ON VAN DORN V. ROMILLO [139 SCRA 139] - F: Petitioner Alice Reyes Van Dorn is a citizen of the Phils. while private resp. Richard Upton is a US citizen; they were married in HK in 1972; after the marriage, they established their residence in the Phils. and begot 2 children; the parties were divorced in Nevada, US, in 1982; and petitioner has remarried also in Nevada, this time to Theodore Van Dorn.
On 6/18/83, Upton filed a suit against petitioner in the RTC-Pasay, stating that petitioner's business in Ermita, Mla. (the Galleon Shop), is conjugal prop. and asking that petitioner be ordered to render an accounting of that business, and that Upton be declared as having the right to manage the conjugal prop.

Is it true that owing to the nationality principle embodied in Art. 13, NCC, only Phil. 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, w/c may be recognized in the Phils., provided they are valid according to their national law.
In this case, the divorce in Nevada released private resps from the marriage from the stds of American law, under w/c divorce dissolves the marriage.
Thus, pursuant to his national law, Upton is no longer the husband of petitioner. He would have no standing to sue in the case below as petitioner's husband entitled to exercise control over conjugal assets. xxx.
To maintain, as Upton does, that under our laws, petitioner has to be considered still married to him and still subject to a wife's obligations under the NCC cannot be just. Petitioner should not be obliged to live together with, observe respect and fidelity, and render support to private resp. The latter should not continue to be one of her heirs w/ possible rights to conjugal
prop. She should not be discriminated against in her own country if the ends of justice are to be observed.

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