Saturday, March 22, 2014

Garcia v. Recio, 365 SCRA 437

FACTS: Rederick Recio was a Filipino when he married Editha Samson, an Australian citizen in 1987. They lived in Australia together but later on had a divorce there in 1989. Garcia contracted his 2nd marriage with Grace Garcia in 1994. In 1995, they lived separately and divided their conjugal assets in 1996. In 1998, Grace filed for a Declaration of Nullity of Marriage on the ground of bigamy claiming that she only learned about Rederick’s previous marriage in 1997.

ISSUE: Whether or not the decree of divorce submitted by Recio is admissible as evidence to prove that he had legal capacity when he married Garcia.


HELD: The decree of divorce presented by an alien is valid and recognizable. However, Recio failed to show evidence to prove that he has legal capacity to marry Garcia, though he has a decree of divorce. The decree was not authenticated by the consul or embassy of the country where it will be used. Even after the divorce, the court may restrict marriages under some foreign statutes. In light of this, respondent failed to produce sufficient evidence showing the foreign law governing his status. Hence, legal capacity to remarry was not established.

No comments:

Post a Comment