Medina v. Medina
CourtSupreme Court of The Commonwealth of The Northern Mariana Islands
Date FiledDecember 27, 2019
Docket2018-SCC-0005-FAM
JudgeCastro
StatusPublished
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Full Opinion
IN THE
SUPREME COURT
OF THE
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS
IN RE MARRIAGE OF ANTONIA REYES MEDINA,
Petitioner-Appellee,
and
GIL RAMOS MEDINA,
Decedent,
v.
VIRGINIA BONIFACIO MEDINA,
Respondent-Appellant.
Supreme Court No. 2018-SCC-0005-FAM
Superior Court No. 18-0024
OPINION
Cite as: 2019 MP 14
Decided December 27, 2019
Jane Mack, Saipan, MP, for Petitioner-Appellee.
Steven P. Pixley, Saipan, MP, for Respondent-Appellant.
In re Medina, 2019 MP 14
BEFORE: ALEXANDRO C. CASTRO, Chief Justice; JOHN A. MANGLOÑA,
Associate Justice; PERRY B. INOS, Associate Justice.
CASTRO, C.J.:
¶1 Respondent-Appellant Virginia Bonifacio Medina (“Bonifacio”) appeals
the Superior Court’s (“trial court”) Order which invalidated her marriage to Gil
Ramos Medina (“Medina”) and validated Medina’s second marriage to
Petitioner-Appellee Antonia Reyes Medina (“Reyes”). Bonifacio argues that (1)
Philippine law controls the validity of her marriage to Medina, and (2) the trial
court erred in finding her marriage invalid under both Commonwealth and
Philippine law. For the following reasons, we AFFIRM the Order invalidating the
marriage between Bonifacio and Medina.
I. FACTS AND PROCEDURAL HISTORY
¶2 In 1993, the Philippine Consul officiated Bonifacio and Medina’s
marriage at the Philippine Consulate in Saipan, CNMI. Bonifacio and Medina’s
marriage was memorialized in a Philippine marriage contract and recorded in a
registry with the Philippines. Bonifacio did not provide any evidence for the
Philippine Consul’s authority to solemnize the marriage under CNMI law.1 There
is no record that Bonifacio or Medina submitted a marriage license application
with the accompanying fees as required by CNMI law.2
¶3 Shortly after the marriage ceremony, Bonifacio returned to the Philippines
and gave birth to their first child. Medina remained in the CNMI.
¶4 Four years later in 1997, Reyes and Medina got married in Chuuk,
Federated States of Micronesia.3 In their marriage application, Medina stated he
1
8 CMC § 1202(c) requires that marriage ceremonies “be performed by a duly
authorized person as provided in this chapter.” A duly authorized person includes “an
ordained minister, a judge, the Governor or . . . any person authorized by law to perform
marriages.” 8 CMC § 1203 (emphasis added). A foreign consul is not specifically
identified as one of those persons “authorized by law to perform marriages” in the
CNMI. Id.; see generally Miezgiel v. Holder, 33 F. Supp. 3d 184 (E.D.N.Y. 2014)
(holding Article 25 of the Consular Convention between Poland and the United States
requires that foreign consuls apply the law of New York, the receiving state).
2
8 CMC § 1202(b) provides, in relevant part: “[t]o obtain a license to marry, the parties
shall file with the Governor or a mayor an application in writing . . . . If the statements
in the application are satisfactory and it appears that the parties are free to marry, the
Governor or a mayor shall issue to the parties a license to marry.” 8 CMC § 1202(a)
specifies that “[u]pon the filing of an application for the license, the Governor or a
mayor shall collect from the parties” relevant fees such as a marriage license application
fee.
3
The Order reflects that the marriage between Reyes and Medina was not in dispute. In
Marriage of Antonia Reyes Medina and Gil Ramos Medina, FCD Case No. 18-0024
(Super. Ct. Feb. 26, 2018) (Order Re Valid Marriage at 2) (“Order”). At trial, counsel
for Bonifacio stated that “[i]t seems like they followed procedures in Chuuk and we are
not challenging that.” Tr. 5.
In re Medina, 2019 MP 14
had no prior marriages.
¶5 Reyes and Medina returned to Saipan and continuously lived together as
husband and wife. They filed for joint bankruptcy in 2007 and filed joint taxes
continuously from 2012 on, reflecting that Medina worked in the CNMI as a bus
driver. He also acquired humanitarian parole from the United States Department
of Homeland Security based on his marriage to Reyes and on his relationship to
their reared son, who is also Reyes’ biological grandson.
¶6 Medina visited the Philippines twice after his marriage to Reyes: in 2001
for seventeen days, and in 2017 for twenty-seven days. During his 2001 visit,
Bonifacio and Medina conceived a second child.
¶7 In 2017, Medina took his own life at his and Reyes’s home in Saipan. He
left a handwritten note addressed to Reyes, her children, and their reared son.
¶8 The day before the funeral viewing and cremation in Saipan, a
representative from the Philippine Consulate informed Reyes of Medina’s 1993
marriage to Bonifacio. The representative asserted Bonifacio’s desire to
repatriate the remains to the Philippines for burial because Bonifacio has rightful
claim to them.
¶9 Reyes filed a petition in the trial court seeking a declaration that she, not
Bonifacio, was the lawful wife of Medina. Bonifacio remained in the Philippines.
¶ 10 The trial court found it is CNMI law, not Philippine law, that governs the
validity of the marriage between Bonifacio and Medina. It determined the
marriage was invalid because it “did not comply with several strict statutory
requirements.” Order at 4, 5. In particular, there was no evidence to show that
Bonifacio or Medina submitted an application for a marriage license as 8 CMC
§§ 1201–1204 requires. Failure to comply with these requirements was “fatal to
the validity of the marriage.” Id. Furthermore, even if Philippine law governed
the validity of the marriage, it failed to comply with Philippine law.
¶ 11 Bonifacio timely appeals the trial court’s determinations.
II. JURISDICTION
¶ 12 We have jurisdiction over final judgments and orders of the
Commonwealth Superior Court. NMI CONST. art. IV, § 3.
III. STANDARD OF REVIEW
¶ 13 We review de novo whether Philippine law should govern the validity of
the marriage performed by the Philippine Consul in the Philippine Consulate. See
Swanson v. Image Bank, Inc., 77 P.3d 439, 441 (Ariz. 2003) (holding choice of
law issues are questions of law, which are reviewed de novo); see also Islam v.
Islam, 2009 MP 17 ¶ 7 (“The inlaid questions of law are subject to de novo
review.”).
In re Medina, 2019 MP 14
IV. DISCUSSION
A. Governing Law
¶ 14 Although Bonifacio concedes that the validity of a marriage is generally
“governed by the law of the [jurisdiction] wherein the marriage took place,” she
argues “the facts and circumstances of this case weigh in favor [of] a deviation
from this general rule.” Reply Br. 2. Relying on a conflict of law analysis which
includes international comity principles, Bonifacio maintains that Philippine law
controls the validity of her marriage to Medina. In particular, because the
Philippines bears the most substantial relationship to Bonifacio and Medina, it is
Philippine law that determines the marriage’s validity. We review choice of law
issues de novo. Swanson, 77 P.3d at 441; Islam, 2009 MP 17 ¶ 7.
¶ 15 As there is no choice of law statute concerning marriage in the CNMI, we
look to the Restatement (Second) of Conflict of Laws (“Restatement”) since “the
rules of the common law, as expressed in the restatements of the law . . . shall be
the rules of decision in the courts of the Commonwealth.” 7 CMC § 3401.
¶ 16 Restatement Section 283(2) states: “[a] marriage which satisfies the
requirements of the [jurisdiction] where the marriage was contracted will
everywhere be recognized as valid unless it violates the strong public policy of
another [jurisdiction] which had the most significant relationship to the spouses
and the marriage at the time of the marriage.”4 Put differently, if the marriage is
valid in the contracting jurisdiction, it will be recognized everywhere as valid
unless it violates a strong public policy of the jurisdiction with the most
substantial relationship. The Restatement’s comments suggest that a marriage
may be invalid if mandatory requirements of the contracting state are not
complied with. “The [jurisdiction] where the marriage was contracted has a
substantial interest in having persons who marry within its territory comply with
its local requirements as to formalities at least to the extent these requirements
are mandatory.” RESTATEMENT § 283(2), comment (i).
4
Our review of other jurisdiction’s precedent reveals that “at the time of the marriage”
is a flexible period of time, where courts examine the relationship in its entirety. For
instance, the Sixth Circuit discussed the substantial relationship a couple had with the
state of Ohio because the decedent and his first wife lived in Ohio during the duration
of their union. DaimlerChyrsler Corp. Healthcare Benefits Plan v. Durden, 448 F.3d
918, 925 (6th Cir. 2006). The court then noted that the decedent and his second wife
lived in Ohio from the time of their wedding to the decedent’s passing. Id. Additionally,
the Pennsylvania Supreme Court decided on the validity of a couple’s marriage based
on their domicile before and after their marriage. Lenherr Estate, 314 A.2d 255, 258
(Pa. 1974) (“Since [the couple] were residents of Pennsylvania before and after their
West Virginia marriage, we have no trouble concluding that Pennsylvania has the most
significant relationship to the spouses and the marriage.”). Similarly, in Matter of
Faraj, the couple were only in New Jersey for the purposes of the marriage ceremony;
however, they lived in New York for the entirety of their marriage and therefore New
York was held to be the jurisdiction with the most substantial relationship to the couple.
72 A.D.3d 1082 (N.Y. App. Div. 2010).
In re Medina, 2019 MP 14
¶ 17 In Miezgel v. Holder, 33 F. Supp. 3d 184 (E.D.N.Y. 2014), the Eastern
District of New York addressed whether to recognize a marriage solemnized in
a Polish consulate in New York. There, the couple’s consulate marriage was held
invalid for immigration purposes because it was performed in the consulate,
rather than by “the appropriate civil authority in the state where the marriage
ceremony was performed.” Id. at 187. The Holder court noted that “the Supreme
Court, the Second Circuit Court of Appeals, and the New York State Court of
Appeals all have held that the validity of a marriage generally is governed by the
law of the place where the marriage was celebrated or solemnized.” Id. at 190.
The couple conceded that the marriage ceremony did not comply with New York
law; however, they argued that the marriage was authorized under Polish law and
therefore should be recognizable everywhere. Id. at 191. Acknowledging the
Restatement’s flexibility, the court concluded that “[e]ven assuming, arguendo,
that the USCIS were obligated to follow the Second Restatement, the agency’s
decision to apply New York law in this case was reasonable, because New York
State had the most significant relationship to the spouses and the marriage, as the
Second Restatement requires.” Id. at 190 (internal quotation marks omitted). The
court found the couple’s argument that “the intention of the parties seeking to be
married is paramount under the Second Restatement” to be “frivolous in light of
New York State’s statutory requirements for entering into a valid marriage.” Id.
at 192 (internal quotation marks omitted). New York law contains a number of
such requirements, such as the marriage being solemnized by an authorized
person and the submission of a marriage license. See generally N.Y. DOM. REL.
LAW § 11.
¶ 18 Just as in New York, there are a number of requirements for couples
wishing to marry in the CNMI, which we held mandatory in Santos v.
Commonwealth, 2017 MP 12. There, we discussed “whether our marriage
statutes, viewed as a whole, were intended to abrogate marriage at common law.”
Id. ¶ 12. We noted the mandatory nature of the statutory marriage requirements,
stating “our statutes require certain formal procedures to be followed.” Id. ¶ 18.
“These provisions, when viewed in their entirety, ostensibly reflect the
legislature’s intent to void other forms of marriage which do not comply with
these requirements.” Id. We determined these statutory requirements were
mandatory since “[t]o interpret otherwise would defeat the purpose and spirit of
our marriage statutes as a whole, rendering them utterly meaningless.” Id.
¶ 19 The relevant mandatory provisions can be found in Title 8 of the
Commonwealth Code, governing Family Law and Probate. 8 CMC § 1202(b)
mandates that couples “shall file” an application with the Governor or mayor to
acquire a marriage license. The Governor or mayor “shall collect” fees from the
couple once the application for a license has been submitted. 8 CMC §
1202(a)(1).5 Furthermore, “it is necessary that” the marriage ceremony must be
5
Contra the trial court, the submission of the marriage certificate is not a mandatory
requirement on the part of the couple. 8 CMC § 1204 states: “[n]ot later than 10 days
after the ceremony, the person performing the marriage shall send a copy of the
In re Medina, 2019 MP 14
solemnized by a duly authorized person. 8 CMC § 1201. Authorized persons
include “an ordained minister, a judge, the Governor or . . . any person authorized
by law to perform marriages.” 8 CMC § 1203.
¶ 20 Where a couple fails to meet the mandatory marriage requirements, the
marriage may be held invalid. Bonifacio does not demonstrate that the Philippine
Consul was duly authorized to solemnize marriages. Additionally, neither a
marriage license application nor any fees were submitted by Medina or
Bonifacio. Consequently, no marriage license application for Bonifacio’s
marriage to Medina was ever submitted or recorded with the court. Medina and
Bonifacio failed to comply with the statutorily prescribed marriage requirements.
¶ 21 Even if we were to undertake a conflict of laws analysis as to which
jurisdiction bears the most substantial relationship to the couple, we would still
find that CNMI law controls, not Philippine law. To be sure, Bonifacio and her
children with Medina spent the entirety of their lives in the Philippines. Medina,
on the other hand, spent the vast majority of his life in Saipan while married to
Bonifacio. Furthermore, Medina clearly sought to make Saipan his home. He
filed his taxes in the CNMI, citing at least one dependent in his tax returns. He
worked in Saipan as a bus driver, had a social security number, and sought U.S.
citizenship. Medina held himself out as being married to Reyes, and issued a note
to her and their reared children upon his death. It is therefore evident that while
Bonifacio spent her life in the Philippines, Medina spent his in the CNMI.
V. CONCLUSION
¶ 22 For the foregoing reasons, we find the marriage between Bonifacio and
Medina performed in the Philippine Consulate in Saipan invalid because it failed
to comply with the mandatory marriage requirements under CNMI law. Even
applying the Restatement, Medina had a substantial relationship with the CNMI,
not the Philippines. The trial court’s order is therefore AFFIRMED.
SO ORDERED this 27th day of December, 2019.
/s/
ALEXANDRO C. CASTRO
Chief Justice
/s/
JOHN A. MANGLOÑA
Associate Justice
marriage certificate to the clerk of courts of the Commonwealth Trial Court to be
recorded in the marriage registry” (emphasis added). Although a requirement, this is
not a requirement bearing upon the couple, but on the person performing the marriage.
In re Medina, 2019 MP 14
/s/
PERRY B. INOS
Associate Justice