G.R. No. 138322 – 366 SCRA 437 – 418 Phil. 723 – Civil Law – Persons and Family Relations – Preliminary Title – Foreign Law – Divorce
Rederick Recio, a Filipino, married to Editha Samson, an Australian citizen, on 1 March 1987. On 18 May 1989 a decree of divorce dissolving the marriage was issued by the Australian Family Court. On 26 June 1992, Rederick became an Australian citizen. Subsequently, Rederick entered into marriage with Grace Garcia, a Filipina, on 12 January 1994. Starting 22 October 1995, Grace and Rederick lived separately without prior judicial dissolution of their marriage. On 3 March 1998, Grace filed a petition for Declaration of Nullity of Marriage on the ground of bigamy. Rederick argued that his prior marriage had been validly dissolved by a decree of divorce obtained in Australia thus he is legally capacitated to marry Grace. The trial court rendered the decision declaring the marriage between Grace and Rederick dissolved and both parties can now remarry. Hence, this petition.
ISSUE: Whether or not the divorce obtained by Rederick in Australia ipso facto capacitated him to remarry.
HELD: The SC remanded the case to the trial court to receive additional evidence. Based on the records, the court cannot conclude that Rederick who was then a naturalized Australian citizen was legally capacitated to marry Grace. Neither can the court grant Grace’s prayer to declare her marriage void on the ground of bigamy. After all it may turn out that under Australian law Rederick was really capacitated to marry Grace as result of the divorce decree. The SC laid down the following basic legal principles; a marriage between two Filipino cannot be dissolved even by a divorce decree obtained abroad because of Articles 15 and 17 of the Civil Code.
