Garcia-Recio vs.

Recio
TITLE: Grace J. Garcia-Recio v Rederick A. Recio
CITATION: GR NO. 138322, Oct. 2, 2002 | 366 SCRA 437

FACTS:

Rederick A. Recio, a Filipino, was married to Editha Samson, an Australian Citizen, in Malabon,
Rizal on March 1, 1987. They lived as husband and wife in Australia. However, an Australian
family court issued purportedly a decree of divorce, dissolving the marriage of Rederick and Editha
on May 18, 1989.

On January 12, 1994, Rederick married Grace J. Garcia where it was solemnized at Our lady of
Perpetual Help Church, Cabanatuan City. Since October 22, 1995, the couple lived separately
without prior judicial dissolution of their marriage. As a matter of fact, while they were still in
Australia, their conjugal assets were divided on May 16, 1996, in accordance with their Statutory
Declarations secured in Australia.

Grace filed a Complaint for Declaration of Nullity of Marriage on the ground of bigamy on March 3,
1998, claiming that she learned only in November 1997, Redericks marriage with Editha Samson.

ISSUE: Whether the decree of divorce submitted by Rederick Recio is admissible as evidence to
prove his legal capacity to marry petitioner and absolved him of bigamy.

HELD:

The nullity of Redericks marriage with Editha as shown by the divorce decree issued was valid and
recognized in the Philippines since the respondent is a naturalized Australian. However, there is
absolutely no evidence that proves respondents legal capacity to marry petitioner though the former
presented a divorce decree. The said decree, being a foreign document was inadmissible to court as
evidence primarily because it was not authenticated by the consul/ embassy of the country where it
will be used.

Under Sections 24 and 25 of Rule 132, a writing or document may be proven as a public or official
record of a foreign country by either:

(1) an official publication or

(2) a copy thereof attested by the officer having legal custody of the document. If the record is not
kept in the Philippines, such copy must be:

(a) accompanied by a certificate issued by the proper diplomatic or consular officer in the
Philippine foreign service stationed in the foreign country in which the record is kept and

(b) authenticated by the seal of his office.

Thus, the Supreme Court remands the case to the Regional Trial Court of Cabanatuan City to receive
or trial evidence that will conclusively prove respondents legal capacity to marry petitioner and thus
free him on the ground of bigamy.