GARCIA vs. RECIO G.R. No. 138322. October 2, 2001

GRACE J. GARCIA, a.k.a. GRACE J. GARCIA-RECIO, petitioner, VS. RODERICK A. RECIO,
respondent
October 2, 2001

FACTS:
The respondent, a Filipino was married to Editha Samson, an Australian citizen, in Rizal in 1987. They lived together as husband and wife in Australia. In 1989, the Australian family court issued a decree of divorce supposedly dissolving the marriage. In 1992, respondent acquired Australian citizenship. In 1994, he married Grace Garcia, a Filipina, herein petitioner, in Cabanatuan City. In their application for marriage license, respondent was declared as “single” and “Filipino”. Since October 1995, they lived separately; and in 1996 while in Autralia, their conjugal assets were divided. In 1998, petitioner filed Complaint for Declaration of Nullity of Marriage on the ground of bigamy, claiming that she learned of the respondent’s former marriage only in November. On the other hand, respondent claims that he told petitioner of his prior marriage in 1993, before they were married. Respondent also contended that his first marriage was dissolved by a divorce decree obtained in Australia in 1989 and hence, he was legally capacitated to marry petitioner in 1994. The trial court declared that the first marriage was dissolved on the ground of the divorce issued in Australia as valid and recognized in the Philippines. Hence, this petition was forwarded before the Supreme Court.

ISSUES:
1. Whether or not the divorce between respondent and Editha Samson was proven.
2. Whether or not respondent has legal capacity to marry Grace Garcia.

RULING:
The Philippine law does not provide for absolute divorce; hence, our courts cannot grant it. 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 two aliens, may be recognized in the Philippines, provided it is consistent with their respective laws. Therefore, before our courts can recognize a foreign divorce, the party pleading it must prove the divorce as a fact and demonstrate its conformity to the foreign law allowing it.
In this case, the divorce decree between the respondent and Samson appears to be authentic, issued by an Australian family court. Although, appearance is not sufficient; and compliance with the rules on evidence regarding alleged foreign laws must be demonstrated, the decree was admitted on account of petitioner’s failure to object properly because he objected to the fact that it was not registered in the Local Civil Registry of Cabanatuan City, not to its admissibility.
Respondent claims that the Australian divorce decree, which was validly admitted as evidence, adequately established his legal capacity to marry under Australian law. However, there are two types of divorce, absolute divorce terminating the marriage and limited divorce merely suspending the marriage. In this case, it is not known which type of divorce the respondent procured.
Even after the divorce becomes absolute, the court may under some foreign statutes, still restrict remarriage. Under the Australian divorce decree “a party to a marriage who marries again before this decree becomes absolute commits the offense of bigamy”. This shows that the divorce obtained by the respondent might have been restricted. Respondent also failed to produce sufficient evidence showing the foreign law governing his status. Together with other evidences submitted, they don’t absolutely establish his legal capacity to remarry according to the alleged foreign law.
Case remanded to the court a quo. The marriage between the petitioner and respondent can not be declared null and void based on lack of evidence conclusively showing the respondent’s legal capacity to marry petitioner. With the lack of such evidence, the court a quo may declare nullity of the parties’ marriage based on two existing marriage certificates.