Gianni de Munari v. Thelma Gagui Asprec Also Known As Thelma de Munari

Summary

This case involves an Italian citizen seeking to nullify his marriage to a Filipino citizen on grounds of bigamy. The marriage was celebrated in Italy, but the Filipino spouse had two prior subsisting marriages in the Philippines. The Regional Trial Court dismissed the case for lack of jurisdiction, citing Article 17 of the Civil Code and distinguishing between foreign and Filipino petitioners. The Supreme Court reversed, establishing that Philippine courts have jurisdiction over nullity cases involving bigamous marriages between foreigners and Filipinos even when celebrated abroad. The Court applied the nationality principle, holding that while the form of marriage follows lex loci celebrationis, the intrinsic validity is governed by Philippine law when Filipino citizens are involved. The SC clarified that foreign spouses have equal standing to file nullity petitions, as the relevant rules make no distinction based on nationality. This decision reinforces Philippine public policy against bigamy and ensures Filipino citizens cannot circumvent domestic marriage laws by marrying abroad.