366 scra 437

Foreign Law Divorce

Rederick Recio, a Filipino, was married to Australian citizen Editha Samson, on March 1, 1987. On May
18, 1989 a decree of divorce dissolving the marriage was issued by the Australian Family Court.
On June 26, 1992, respondent became an Australian citizen. Subsequently, respondent entered into
marriage with petitioner a Filipina on January 12, 1994. Starting October 22, 1995, petitioner and
respondent lived separately without prior judicial dissolution of their marriage. On March 3, 1998,
petitioner filed a complaint for Declaration of Nullity of Marriage on the ground of bigamy. Responded
contended that his prior marriage had been validly dissolved by a decree of divorce obtained in Australia
thus he is legally capacitated to marry petitioner. The trial court rendered the decision declaring the
marriage between petitioner and respondent dissolved and both parties can now remarry. Hence, this
petition.

ISSUE:

Whether the divorce between the respondent and editha Samson was proven

Whether respondent was proven to be legally capacitated to marry petitioner

HELD:

The SC remanded the case to the court a quo to receive evidence and laid down the following basic legal
principles; a marriage between two Filipino cannot be dissolved even by a divorce decree obtained
abroad because of Articles 15 and 17 of the Civil Code.