Grace J. Garcia-Recio v Rederick A.

Recio
GR NO. 138322
Oct. 2, 2002

FACTS:

Rederick A. Recio, a Filipino whowas then naturalized Australian citizen, was married to Editha
Samson, an Australian Citizen, in Malabon, Rizal on March 1, 1987. They lived as husband and wife in
Australia. However, an Australian family court issued purportedly a decree of divorce, dissolving the
marriage of Rederick and Editha on May 18, 1989.
On January 12, 1994, Rederick married Grace J. Garcia solemnized at Our lady of Perpetual Help
Church, Cabanatuan City. Since October 22, 1995, the couple lived separately without prior judicial
dissolution of their marriage. As a matter of fact, while they were still in Australia, their conjugal assets
were divided on May 16, 1996, in accordance with their Statutory Declarations secured in Australia. Grace
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, Rederick’s marriage with Editha Samson.

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

RULING:
The nullity of Rederick’s marriage with Editha as shown by the divorce decree issued was valid 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 though the former
presented a divorce decree. The said decree, being a foreign document was inadmissible to court as
evidence primarily because it was not authenticated by the consul/ embassy of the country where it will
be used.
Under Sections 24 and 25 of Rule 132, 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:

(a) 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

(b) authenticated by the seal of his office.

Thus, the SC remands the case to the Regional Trial Court of Cabanatuan City to receive or trial
evidence that will conclusively prove respondent’s legal capacity to marry petitioner and thus free him on
the ground of bigamy.