3. Roehr v Rodriguez, June 20 2003
Facts:
Petitioner Wolfgang O. Roehr, a German citizen, married private respondent Carmen Rodriguez, a Filipina, on December 11, 1980, in Germany. Their marriage was subsequently ratified on February 14, 1981, in Tayasan, Negros Oriental. Out of their union were born Carolynne and Alexandra Kristine.
Carmen filed a petition for a declaration of nullity of marriage before the Makati RTC. Meanwhile, Wolfgang obtained a decree of divorce from Germany. The decree provides that the parental custody of the children should be vested in Wolfgang. Wolfgang filed a motion to dismiss the nullity case as a divorce decree had already been promulgated, which was granted to the respondent by Judge Salonga.
Carmen filed a motion with a prayer that the case should proceed for the purpose of determining the issues of custody of the children and the distribution of the properties between her and Wolfgang. Judge Salonga partially set aside her previous order for the purpose of tackling the issues of support and custody of their children.
Issue:
Whether or not it is valid to assume jurisdiction to tackle child custody and support.
Held:
Yes. Divorce decrees obtained by foreigners in other countries are recognized in our jurisdiction, but the legal effects thereof, such as custody must still be determined by our courts. Before our courts can give the effect of res judicata to a foreign judgment, it must be shown that the parties opposed to the judgment had been given ample opportunity to do so. In the present case, it cannot be said that the private respondent was given the opportunity to challenge the judgment of the German court. The trial court was correct in setting the issue for a hearing to determine the issue of parental custody, care, support, and education mindful of the best interests of the children.
