Synopsis of Cases on Choice-of-Law in Family Relations

Adong vs. Cheong Seng Gee (1922): (1) Marriages contracted outside the Philippines if valid in country where contracted is considered as valid in the Philippines. (2) Philippine marriage followed by many (Eg. 23, 40) years of uninterrupted marital life should not be impugned and discredited, after death of one spouse and administration of his estate, through an alleged prior marriage in a foreign country, save upon clear, strong and unequivocal proof as to produce a moral conviction of existence of such impediment. 

People vs. Mora Dumpo (1935): (1) Necessary requisites for validity of Muslim marriage must be proved as fact. (2) Consent of bride’s father/chief of tribe is indispensable requisite for validity of Muslim marriage. (3) Essential element of bigamy is that the alleged second marriage, having all the essential requisites, would be valid were it not for the subsistence of the first marriage. No bigamy where second marriage lacks an essential requisite. 

Wong Woo Yu vs. Vivo (1965): (1) Marriage contracted outside Philippines which is valid under law of country where it was celebrated is also valid in the Philippines. (2) But said foreign country’s law on marriage must be proved as fact. (3) In the absence of such proof, it should be presumed that said foreign law is same as our own (Processual Presumption).

Tenchavez vs. Escano (1965): (1) Foreign divorce between Filipino citizens is not recognized as valid in this jurisdiction; neither is the marriage contracted with another by the divorced consort made after said divorce decree. (2) Remarriage of divorced wife and her cohabitation with a person other than lawful husband entitle the latter to a decree of legal separation. (3) Desertion and securing of invalid divorce decree by one consort entitles the other to recover damages.

Therkelsen vs. Republic (1964): Alienage by itself alone does not disqualify a foreigner from adopting a person under our law. Civil Code only disqualifies from being adopters those aliens that are either (1) non-residents or (2) residents but Philippines has broken diplomatic relations with their government.

Ng Hian vs. Collector of Customs (1916): (in citing US case Ex parte Fong Yim) Whether adoption is genuine is a question of fact, open to investigation. Adoption in China is substantially without legal formalities. No difference between legal status of adopted children and of legal children. An adopted child of a Filipina stepmother has a right to enter the Philippines.