### Facts:
– **Marital Background:**
– Manuela Barretto Gonzalez (Plaintiff) and Augusto C. Gonzalez (Defendant) were married on January 19, 1919, in Manila, Philippines.
– The couple lived together until spring of 1926 and had four children aged 6 to 11 at the time of the trial.
– They voluntarily separated and did not cohabit thereafter.
– **Financial Settlement Agreement:**
– Both parties, represented by attorneys, agreed for the defendant to pay plaintiff ₱500 monthly for her and the children’s support, subject to increase in cases of illness or necessity. Specific property titles were to be transferred to the plaintiff’s name.
– **Divorce Proceedings:**
– Defendant left the Philippines, went to Reno, Nevada, and obtained a divorce decree on grounds of desertion, dated November 28, 1927.
– He then moved to California, remarried on the same day, and had three more children from the second marriage.
– Upon returning to the Philippines in August 1928, defendant reduced the payments agreed upon for support and did not follow the alimony payments specified by the Reno decree.
– **Plaintiff’s Action in the Philippines:**
– Plaintiff filed an action in the Court of First Instance of Manila to recognize the Nevada divorce, enforce §9 of Act No. 2710 concerning the marital estate’s dissolution, and demanded alimony and support for the minor children.
– A guardian ad litem was appointed for the children, who became intervenors in the case, joining the plaintiff’s demands.
### Procedural Posture:
– **Trial Court Findings:**
– The Court of First Instance ruled in favor of the plaintiff and intervenors, ordering the defendant to adhere to the support and property distribution agreed upon.
– **Appeal to the Supreme Court:**
– Defendant appealed with multiple assignments of errors, including constitutional challenges to §9 of Act No. 2710, recognition of the Nevada divorce, and financial obligations imposed.
### Issues:
1. **Constitutionality of §9 of Act No. 2710:**
– Whether paragraph 2 of §9 of the Philippine Divorce Law is unconstitutional.
2. **Application of §9 to Foreign Divorce:**
– Whether §9 applies to the Nevada divorce decree, and whether that decree is entitled to recognition in the Philippines.
3. **Cause of Action for Intervenors:**
– Whether the complaint in intervention by the minor children lacked a cause of action.
4. **Validity of Notice of Lis Pendens:**
– Whether the notice of lis pendens filed by the intervenors was valid.
5. **Alimony and Support:**
– Whether the trial court erred in ordering the defendant to pay ₱500 per month for the support of his ex-wife and children, beyond the alimony specified by the Nevada decree.
6. **Attorney’s Fees:**
– Whether the court erred in awarding ₱3,000 in attorney’s fees to the plaintiff.
7. **Motion for New Trial:**
– Whether the trial court erred in denying the defendant’s motion for a new trial.
### Court’s Decision:
– **Recognition of Foreign Divorce:**
– The Court refused to recognize the Nevada divorce decree. The divorce was secured to circumvent Philippine laws, making the defendant’s residency in Nevada for divorce purposes non-bona fide and lacking jurisdictional validity.
– **Application of Philippine Divorce Laws:**
– Philippine law, specifically Act No. 2710, applies and governs the marital status. Foreign judgments (like the Nevada divorce) cannot displace prohibitive laws regarding personal status.
– **Constitutional Issues:**
– The Supreme Court did not find it necessary to address the constitutionality of §9 of Act No. 2710 as the primary argument concerning recognition of the foreign divorce itself was sufficient for resolution.
– **Support and Alimony:**
– The Court annulled the trial court’s judgment regarding support, stating relief must follow Philippine divorce laws and any further claims for maintenance should be pursued separately.
### Doctrine:
– **Recognition of Foreign Divorces:**
– Foreign divorces will not be recognized in the Philippines unless they conform to grounds and conditions acceptable under local laws.
– **Principles of Jurisdiction and Domicile:**
– Valid matrimonial domicile is essential for jurisdiction in divorce; fictitious residence to obtain divorce is non-recognizable.
### Class Notes:
– **Legal Capacity and Personal Status:**
– Article 9 of the Civil Code mandates that personal status and capacities of Filipinos are governed by Philippine law regardless of residence abroad.
– **Prohibitive Laws (Article 11)**
– Prohibitive laws concerning persons and public morals cannot be nullified by foreign judgments.
### Historical Background:
– **Context:**
– The case took place during American colonial rule of the Philippines, when local civil laws were being articulated against global influences.
– **Philippine Divorce Law:**
– Act No. 2710 was pivotal during this era, highlighting stringent divorce regulations. The case shows judicial resistance to circumventing local laws via foreign jurisdictions.
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