G.R. No. 206761 , June 23, 2021
PAUL AMBROSE, PETITIONER, VS. LOUELLA SUQUE-AMBROSE, RESPONDENT.

FACTS

Petitioner Paul Ambrose, a foreigner, and respondent Louella Suque-Ambrose, a Filipino, were married in the Philippines. Petitioner filed a petition for declaration of absolute nullity of their marriage before a Philippine court, citing psychological incapacity under Article 36 of the Family Code. The lower courts denied the petition on the ground that petitioner, as a foreign spouse, lacked the legal standing or personality to file it. The issue was elevated to the Supreme Court.

ISSUE

Whether a foreign spouse has the legal standing (locus standi) to file a petition for declaration of absolute nullity of a void marriage celebrated in the Philippines with a Filipino spouse.

RULING

Yes. The Supreme Court, through the concurring opinion of Justice Caguioa, held that the foreign spouse has legal standing to file the petition. The Rule on Declaration of Absolute Nullity of Void Marriages (A.M. No. 02-11-10-SC), Section 2(a), states that a petition may be filed “solely by the husband or the wife,” without distinction between foreign and Filipino spouses. Since the marriage was celebrated in the Philippines, the doctrine of lex loci celebrationis applies, making Philippine law on nullity applicable. Article 15 of the Civil Code, which governs family rights and duties based on nationality, is irrelevant to the question of standing to file the petition. The case is distinct from Pilapil v. Ibay-Somera and Republic v. Manalo, which involved the standing of a divorced foreign spouse to sue for adultery, as here the marriage is presumed valid until nullified. The case was remanded to the Regional Trial Court for proceedings on the merits.