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    (PDF) Rayray vs. Chae Kyung Lee Digest - Compress PDF

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    Xtian Hernandez
    This case involves Lazaro Rayray seeking to annul his marriage to Chae Kyung Lee. [1] The trial court dismissed the complaint, finding it did not have jurisdiction over a marriage solemnized abroad and the facts did not warrant annulment. [2] The Supreme Court ruled the trial court did have jurisdiction, as Rayray was a Filipino domiciled in the Philippines. [3] However, it upheld the dismissal, finding Rayray's evidence of Lee's prior relationships insufficient to invalidate the marriage under Philippine law.

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    (PDF) Rayray vs. Chae Kyung Lee Digest - Compress PDF

    Uploaded by

    Xtian Hernandez
    122 views3 pages
    This case involves Lazaro Rayray seeking to annul his marriage to Chae Kyung Lee. [1] The trial court dismissed the complaint, finding it did not have jurisdiction over a marriage solemnized abroad and the facts did not warrant annulment. [2] The Supreme Court ruled the trial court did have jurisdiction, as Rayray was a Filipino domiciled in the Philippines. [3] However, it upheld the dismissal, finding Rayray's evidence of Lee's prior relationships insufficient to invalidate the marriage under Philippine law.

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    This case involves Lazaro Rayray seeking to annul his marriage to Chae Kyung Lee. [1] The trial court dismissed the complaint, finding it did not have jurisdiction over a marriage solemnized abroad and the facts did not warrant annulment. [2] The Supreme Court ruled the trial court did have jurisdiction, as Rayray was a Filipino domiciled in the Philippines. [3] However, it upheld the dismissal, finding Rayray's evidence of Lee's prior relationships insufficient to invalidate the marriage under Philippine law.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    122 views3 pages

    (PDF) Rayray vs. Chae Kyung Lee Digest - Compress PDF

    Uploaded by

    Xtian Hernandez
    This case involves Lazaro Rayray seeking to annul his marriage to Chae Kyung Lee. [1] The trial court dismissed the complaint, finding it did not have jurisdiction over a marriage solemnized abroad and the facts did not warrant annulment. [2] The Supreme Court ruled the trial court did have jurisdiction, as Rayray was a Filipino domiciled in the Philippines. [3] However, it upheld the dismissal, finding Rayray's evidence of Lee's prior relationships insufficient to invalidate the marriage under Philippine law.

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    ARTICLE XIV OF THE NEW CIVIL CODE

    LAZARO RAYRAY, plaintiff-appellant, versus CHAE KYUNG LEE, defendant-appellee

    G.R. NO. 18176, October 26, 1966

    “ 
     A court has jurisdiction
    jurisdiction over the res, in an action for
    for annulment of marriage,
    marriage, provided, at least, one
    of the parties
    the parties is domiciled in, or a national of,
    of, the forum.” 

    PONENTE: CONCEPCION, C.J.

    FACTS:

    Lazaro Rayray married Chae Kyung Lee in 1952 in Pusan, Korea. Before the marriage, Lee was
    able to secure a marriage license which is a requirement in Korea prior to marrying. They lived together
    until 1955. Rayray however later found out that Lee had previously lived with 2 Americans and a Korean.
    Lee answered by saying that it is not unusual in Korea for a woman to have more than one partner and
    that it is legally permissive for them to do so and that there is no legal impediment to her marriage with
    Rayray. Eventually they pursued their separate way.

    Plaintiff Lazaro Rayray seeks the annulment of his marriage to defendant Chae Kyung Lee.
    Inasmuch as, the latter's whereabouts is unknown; summons was served by publication, as provided in
    the Rules of Court. Thereafter, plaintiff moved that defendant be declared in default, she not having
    filed an answer, and that a date be set for the reception of his evidence.

    In due course, thereafter,


    thereafter , the lower court decision was rendered dismissing plaintiff's complaint,
    without costs, upon the ground: (1) that the court could not nullify a marriage contracted abroad; and
    (2) that the facts proven do not warrant the relief prayed for. A reconsideration of this decision having
    been denied, plaintiff appealed to the Court of Appeals, which certified the case to the Supreme Court,
    the jurisdiction of the lower court
    co urt being in issue in the appeal.

    The court a quo found that it had no jurisdiction to pass upon the validity of plaintiff's marriage
    to the defendant, it having been solemnized in Seoul, Korea. Said conclusion is erroneous. In order that
    a given case could be validly decided by a court of justice, it must have jurisdiction over (1) the subject-
    matter of the litigation; (2) the person of the parties therein; and (3) in actions in rem or quasi-in-rem,
    the res.

    ISSUE:

    Whether or not the subject was subject to the jurisdiction before Philippine trial courts?

    HELD:

    The prevailing rule is, accordingly, that a court has jurisdiction over the res, in an action for
    annulment of marriage, provided, at least, one of the parties is domiciled in, or a national of, the forum.
    Since plaintiff is a Filipino, domiciled in the Philippines, it follows that the lower court had jurisdiction
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    over the res, in addition to its jurisdiction over the subject-matter and the parties. In other words, it
    could validly inquire into the legality of the marriage between the parties herein.

    The lower court is correct in ruling that Rayray’s evidence is not sufficient to render
    his marriage with Lee null and void. Rayray said that the police clearance secured by Lee is meant to
    allow her to marry after her subsequent cohabitation/s with the other men  – which are considered
    bigamous in Philippine law. The SC ruled that the police clearance is wanting for it lacks the signature of 
    the person who prepared it and there is no competent document to establish the identity of the same.
    Also, through Rayray himself, Lee averred that it is ok in Korea for a person who cohabited with other
    men before to marry another man. This is an indication that Lee herself is aware that if it were a
    previous marriage that is concerned then that could be a legal impediment to any subsequent marriage.
    Rayray cannot be given credence in claiming that his consent could have been otherwise altered had he
    known all these facts prior to the marriage because he would lie to every opportunity given him by the
    Court so as to suit his case.

    Thus, petition is DENIED with the cost against the plaintiff-appellant.

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