Garcia v Recio

FACTS:
Respondent Rederick Recio, a Filipino, was married to Editha
Samson, an Australian citizen, in Malabon, Rizal. They lived together as
husband and wife in Australia. However, they divorced in Australia.
Respondent became an Australian citizen and was married again to
petitioner Grace Garcia-Recio, a Filipina, in Cabanatuan City. In
their application for a marriage license, respondent was declared as
“single” and “Filipino.” After sometime, petitioner and respondent lived
separately without prior judicial dissolution of their marriage.
Petitioner filed a Complaint for Declaration of Nullity of Marriage on
the ground of bigamy. She alleged that the respondent had a prior
subsisting marriage at the time he married her. Respondent
contended that his first marriage was validly dissolved; thus, he was legally
capacitated to marry Grace.
Five years after their wedding and while the suit for the declaration
of nullity was pending , respondent was able to secure a divorce decree
in Sydney, Australia. The RTC declared the marriage of Rederick and
Grace dissolved on the ground that the Australian divorce had ended the
marriage of the couple thus there was no more marital union to nullify or
annul.

ISSUE:
Whether or not the divorce between respondent and Editha Samson was
proven.

HELD:
No. The nullity of Rederick’s 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, the Supreme Court ruled
that the mere presentation of the divorce decree of respondent’s
marriage to Samson is insufficient. Before a foreign divorce decree can be
recognized by our courts, the party pleading it must prove the divorce as
a fact and demonstrate its conformity to the foreign law allowing it.
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. Thus, the Supreme
Court remands the case to the Regional Trial Court of Cabanatuan City to
receive or trial evidence that will conclusively prove respondent’s legal
capacity to marry petitioner and thus free him on the ground of bigamy.