Remedial Law, 2018 Bar — Question XIX-A

ESSAY

Drylvik, a German national, married Dara, a Filipina, in Dusseldorf, Germany. When the marriage collapsed, Dara filed a petition for declaration of nullity of marriage before the RTC of Manila. Drylvik, on the other hand, was able to obtain a divorce decree from the German Family Court. The decree, in essence states: “The marriage of the Parties contracted on xxx before the Civil Registrar of Dusseldorf is hereby dissolved. The parental custody of the children Diktor and Daus is granted to the father.” Drylvik filed a motion to dismiss in the RTC of Manila on the ground that the court no longer had jurisdiction over the matter as a decree of divorce had already been promulgated dissolving his marriage to Dara. Dara objected, saying that while she was not challenging the divorce decree, the case in the RTC still had to proceed for the purpose of determining the issue of the children’s custody. Drylvik counters that the issue had been disposed of in the divorce decree, thus constituting res judicata. Should Drylvik’s motion to dismiss be granted?

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