169 GARCIA vs RECIO because of Articles 15 and 17 of the Civil Code.

In mixed marriages involving a Filipino and a

G.R. No. 138322 foreigner, Article 26 of the Family Code allows the former to contract a subsequent marriage
DATE: October 2, 2001 in case the divorce is validly obtained abroad by the alien spouse capacitating him or her to
By: Molina remarry. A divorce obtained abroad by a couple, who are both aliens, may be recognized in
Topic: Foreign Marriages and Foreign Divorces the Philippines, provided it is consistent with the irrespective nation allows.
Petitioner: Grace Garcia
Respondent: Rederick Recio Under Sections 24 and 25 of Rule 132, on the other hand, a writing or document may be
Ponente: J. Panganiban 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
DOCTRINE: A divorce obtained abroad by an alien may be recognized in our jurisdiction, is not kept in the Philippines, such copy must be (a) accompanied by a certificate issued by
provided such decree is valid according to the national law of the foreigner. However, the the proper diplomatic or consular officer in the Philippine Foreign Service stationed in the
divorce decree and the governing personal law of the alien spouse who obtained the divorce foreign country in which the record is kept and (b) authenticated by the seal of his office.
must be proven. Our courts do not take judicial notice of foreign laws and judgments; hence,
like any other facts, both the divorce decree and the national law of the alien must be alleged The nullity of Recio’s marriage with Editha as shown by the divorce decree issued was valid
and proven according to our law on evidence. and recognized in the Philippines since the respondent is a naturalized Australian. However,
there is absolutely no evidence that proves respondent’s legal capacity to marry petitioner
FACTS: though the former presented a divorce decree. The said decree, being a foreign document
 Rederick A. Recio, a Filipino, was married to Editha Samson, an Australian Citizen, in was inadmissible to court as evidence primarily because it was not authenticated by the
Malabon, Rizal on March 1, 1987. They lived as husband and wife in Australia. consul/embassy of the country where it will be used.
However, an Australian family court issued a decree of divorce, dissolving the
marriage of Rederick and Editha on May 18, 1989.
Thus, the Supreme Court remands the case to the Regional Trial Court of Cabanatuan City to
 Recio became an Australian citizen. He then married Grace J. Garcia at Our lady of
receive or trial evidence that will conclusively prove respondent’s legal capacity to marry
Perpetual Help Church, Cabanatuan City on January 12, 1994. Since October 22,
petitioner and thus free him on the ground of bigamy.
1995, the couple lived separately without prior judicial dissolution of their
marriage.
 While they were still in Australia, their conjugal assets were divided in accordance
with their Statutory Declarations secured in accordance with their Statutory
Declarations secured in Australia.
 Garcia 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 of
Recio’s marriage with Editha Samson.

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

RULING:
To enable him to validly remarry a Filipino, he was required to either present proof of his
legal capacity issued by his embassy or have the Australian divorce decree recognized by a
Philippine court, otherwise his second marriage is void-bigamous.

The divorce decree and the governing personal law of the alien spouse who obtained the
divorce must be proven, since courts do not take judicial cognizance of foreign laws and
judgments.

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,