Practice question
An RTC dismisses a proper nullity complaint solely because the marriage was celebrated in Italy, treating Article 17 as an automatic bar to Philippine jurisdiction. Which principle from De Munari applies?
- Every foreign marriage is immune from any court
- Article 17 itself abolishes all family jurisdiction
- Only Italian nationality matters regardless of the Filipino spouse
- Foreign venue conclusively proves the marriage valid
- Choice-of-law rules about celebration do not by themselves deprive the Philippine court of jurisdiction over the proper action
Legal references
- Family Code Articles26 and68–73: https://lawphil.net/executive/execord/eo1987/eo_209_1987.html
- Civil Code Articles15–17: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
- De Munari v. Asprec, GR262831, April7 2025, main decision: https://lawphil.net/judjuris/juri2025/apr2025/gr_262831_2025.html
- Garcia v. Recio, GR138322, October2 2001, main decision: https://lawphil.net/judjuris/juri2001/oct2001/gr_138322_2001.html
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