Legal personality and capacity

Can a foreigner file a suit in the Philippines? What law is applicable in case of the legality of a marriage entered into by a foreigner here in the Philippines? These are the questions resolved in this case of Johnny.

Johnny is a citizen of the United States who married Lilia, a Filipina, in Manila. After only two years of marriage, Johnny filed a petition against Lilia for Declaration of Nullity of their Marriage on the ground of psychological incapacity of Lilia pursuant to Article 36 of the Family Code.

Later on, Johnny amended his petition, to which Lilia filed her Answer with Counterclaim. After pre-trial, trial ensued but only Johnny presented evidence as Lilia failed to appear and participate during the hearing on the merits. Thereafter, the Regional Trial Court (RTC) dismissed the petition on the ground that Johnny lacks the legal capacity to sue under the nationality principle pursuant to Article 15 of the Civil Code, considering that he is an American citizen who is not covered by our laws on family rights and duties, status and legal capacity. Was the RTC correct?

The Supreme Court (SC) said no. According to the SC, Article 15 of the Civil Code does not apply because the legal capacity to get married and its consequences, including the nullification of a void marriage, is governed by the law of the place where the marriage was entered into and not by the nationality principle. This is pursuant to the principle of Lex loci celebrations which means that the validity of a contract is governed by the place where it is made, executed and to be performed.

Furthermore, under our procedural rules, Johnny has legal capacity and personality to sue. His legal personality proceeds from the fact that it is his marriage to Lilia, which in turn relates to the civil status, that stands to be affected by the petition for nullity that he instituted. He has legal personality in the action as he has personal and material interest in the result of the action. With respect to his legal capacity to sue, Section 2 of SC Administrative Circular 0211-10 clearly provides that: “A petition for declaration of nullity of a void marriage may be filed solely by the husband or the wife.” So, the decision of the RTC should be reversed and set aside and the case is remanded to the said court for further proceedings (Ambrose vs. Ambrose G.R. 206761, June 23, 2021).

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