Garcia – Recio vs
Recio
GR 138322,
October 2, 2002
Lessons
Applicable: divorce
Laws Applicable: Art. 15 and Art. 26 par. 2 FC
FACTS:
Grace J. Garcia-Recio (2nd mariage) ----- Rederick
A. Recio à Editha
Samson (Wife)
- March 1,
1987: Rederick A. Recio, a Filipino was married to Editha Samson, an
Australian citizen, in Malabon, Rizal
- May 18,
1989: a decree of divorce, purportedly dissolving the marriage, was issued
by an Australian family court
- June 26,
1992: Recio became an Australian citizen, as shown by a "Certificate
of Australian Citizenship" issued by the Australian government
- January
12, 1994: Recio married Grace j. Garcia,
a Filipino, in Cabanatuan City.
Recio declared himself as "single" and
"Filipino."
- October
22, 1995: Recio and Grace J. Garcia
ak.a. Garcia-Recio begun to live separately without prior judicial
dissolution of their marriage
- May 16,
1996: In accordance to the Statutory Declarations secured in Australia, their
conjugal assets were divided
- March 3,
1998: Garcia-Recio filed a
Complaint for Declaration of Nullity of Marriage on the ground of
bigamy claiming she only learned of the prior marriage in November, 1997
- Recio prayed in his answer that it be dismissed
for no cause of action
- RTC: marriage
dissolved on the ground that the divorce issued in Australia was valid and
recognized in the Philippines
ISSUE: W/N the divorce between Recio and Samson was valid
and proven
HELD: NO. Remand the case to the court a quo for the
purpose of receiving evidence which conclusively show respondent's legal
capacity to marry petitioner; and failing in that, of declaring the parties'
marriage void on the ground of bigamy
- Divorces:
1.
A marriage between two Filipinos cannot be
dissolved even by a divorce obtained abroad, because of Articles 15 and 17 of
the Civil Code.
2.
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."
3.
A divorce obtained abroad by a couple, who are
both aliens, may be recognized in the Philippines, provided it is consistent
with their respective national laws.
- 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
o
legal capacity to contract marriage is
determined by the national law of the party concerned
o
A divorce obtained abroad is proven by the
divorce decree itself
§
The decree purports to be a written act or
record of an act of an officially body or tribunal of a foreign country
o
Under Sections 24 and 25 of Rule 132, on the
other hand, 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:
1.
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
2.
authenticated by the seal of his office
- Since the
divorce was a defense raised by Recio, the burden of proving the pertinent
Australian law validating it falls squarely upon him
- In its
strict legal sense, divorce means the legal dissolution
of a lawful union for a cause arising after marriage. But divorces are of
different types:
1.
absolute divorce or a vinculo matrimonii
- terminates the marriage
2.
limited divorce or a mensa et thoro - suspends it and leaves the bond in full
force
- Recio
presented a decree nisi or an interlocutory decree – a conditional or
provisional judgment of divorce
o
On its face, the herein Australian divorce
decree contains a restriction that reads:
"1. A party to a marriage who
marries again before this decree becomes absolute (unless the other party has
died) commits the offence of bigamy."