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.
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