Garcia-Recio vs Recio

GR No 138322
October 02, 2001

Facts:
Respondent in this case was a Filipino citizen when he married an Australian citizen.
They got divorce and thereafter Respondent became an Australian citizen. Thereafter, herein
petitioner and respondent got married but after four years of being together, herein petitioner
filed a suit for the declaration of nullity of marriage.

In this case, petitioner merely presented the certificate as evidence, the decree and
respondent failed to object the same.

Issue:
Is failure to present a certificate of legal capacity to marry constitutes absence of a
substantial requisite voiding the marriage?

Decision:
Yes, failure to present the certificate may void the marriage.

Legal capacity to contract marriage is determined by the national law of the party
concerned.

Here, the certificate mentioned in Article 21 of the Family Code would have been
sufficient to establish the legal capacity of the respondent, had he duly presented it in court.

Therefore, as the certificate of legal capacity to marry was not presented, failure to
present a certificate of legal capacity to marry constitutes absence of a substantial requisite
voiding the marriage.