Cabana, Adrian C.

Doctrine : Effect of Divorce Decree

Case Title : Grace J. Garcia-Recio vs

Rederick A. Garcia
G.R No. 138322
October 2, 2001
Panganiban, J.

Facts

Respondent – Rederick A. Garcia, a Filipino, contracted marriage with

Editha Samson, an Australian Citizen. They lived as husband and wife in
Australia. However, an Australian court issued a decree of divorce
dissolving the marriage of Rederick and Editha.

Recio, in the meantime, obtained Australian citizenship. After the

judgement of divorce had decreed by Australian court, Recio married
Petitioner – Grace J. Garcia, a Filipina Citizen at Our lady of Perpetual Help
Church. After years of marriage, Petitioner and respondent lived separately
without prior judicial dissolution of their marriage. While they were in
Austrailia, their conjugal assets were divided in accordance with their
Statutory Declarations secured in Australia.

Garcia contends that Recio contracted bigamous marriage when she

found out that the latter married Editha, and even if true that respondent
contracted and had a divorce decree the same was not presented and
proved in the Philippines

Issue

Whether or not the divorce decree obtained by respondent from his

former spouse is valid and binding in the Philippines?
Ruling

Yes, The Supreme Court held that Philippine law does not provide for
absolute divorce; hence, our courts cannot grant it. A marriage between two
Filipinos cannot be dissolved even by a divorce obtained abroad, because of
Articles 15 and 17 of the Civil Code. In mixed marriages involving a Filipino
and a foreigner, Article 26 of the Family Code allows the former to contract a
subsequent marriage in case the divorce is validly obtained abroad by the
alien spouse capacitating him or her to remarry. A divorce obtained abroad
by a couple, who are both aliens, may be recognized in the Philippines,
provided it is consistent with the irrespective nation allows.

Respondent renouncing his Filipino Citizenship and obtained Australian

citizenship is not bound anymore to the laws of the Philippines.

Therefore, 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. Presentation solely
of the divorce decree is insufficient.