The Supreme Court clarified that while a divorce obtained abroad by an alien spouse can be recognized in the Philippines, allowing a Filipino spouse to remarry, the foreign divorce decree and the alien spouse’s national law governing the divorce must be proven in court. Philippine courts do not automatically recognize foreign laws and judgments; therefore, both the divorce decree and the relevant foreign law must be presented and proven as facts according to Philippine rules of evidence. Failure to properly prove the foreign law and the legal capacity to remarry can lead to complications in subsequent marriage arrangements.

Second Marriage or Bigamy? Proving Divorce Validity in the Philippines

This case revolves around Grace J. Garcia, a Filipina, and Rederick A. Recio, initially a Filipino who later became an Australian citizen. Rederick had previously married an Australian citizen, Editha Samson, and obtained a divorce decree in Australia. He then married Grace in the Philippines, declaring himself as single. Grace later sought to annul their marriage, claiming Rederick’s prior marriage rendered him incapable of marrying her. Rederick argued that the Australian divorce had validly dissolved his first marriage, freeing him to marry Grace. The trial court initially declared the marriage between Grace and Rederick dissolved, recognizing the Australian divorce. Grace appealed, arguing that the divorce was not properly proven and that Rederick lacked the legal capacity to marry her.

The Supreme Court addressed two critical issues: whether the divorce between Rederick and Editha was adequately proven and whether Rederick demonstrated his legal capacity to marry Grace. The Court emphasized that Philippine law does not recognize absolute divorce for Filipino citizens. However, Article 26 of the Family Code allows a Filipino citizen to remarry if their alien spouse obtains a valid divorce abroad that capacitates the alien spouse to remarry. Therefore, before recognizing a foreign divorce decree, the party relying on it must prove the divorce as a fact and demonstrate its validity under the foreign law.

Regarding the proof of divorce, the Court noted that the divorce decree itself is the best evidence. However, it must be presented and admitted in evidence according to the Rules of Court. Specifically, Sections 24 and 25 of Rule 132 require that a copy of a foreign public document be attested by the officer having legal custody of the document and accompanied by a certificate from the proper diplomatic or consular officer in the Philippine foreign service, authenticated by the seal of their office. In this case, while the divorce decree was admitted in evidence, the petitioner’s counsel only objected to its lack of registration with the local civil registry, not to its admissibility. Consequently, the Court considered the divorce decree as admissible, but this did not automatically validate it.

The Supreme Court also addressed the burden of proving Australian law. The Court clarified that the burden of proving the foreign law validating the divorce lies with the party asserting it—in this case, Rederick. Philippine courts cannot take judicial notice of foreign laws, which must be alleged and proven like any other fact. Since Rederick raised the divorce as a defense, he was responsible for proving the relevant Australian law.

Regarding Rederick’s legal capacity to remarry, the Court found that he had not sufficiently established this. The Court distinguished between different types of divorce, noting that the divorce decree presented was a decree nisi, an interlocutory decree that might not absolutely dissolve the marriage. Furthermore, the decree contained a restriction against remarriage until it became absolute, raising doubts about Rederick’s capacity to remarry under Australian law. Without sufficient proof of Australian law and its effect on Rederick’s marital status, the Court could not conclude that he was legally capacitated to marry Grace.

The Court also addressed the significance of a certificate of legal capacity to marry, as mentioned in Article 21 of the Family Code. Although such a certificate would have been prima facie evidence of Rederick’s legal capacity, it was not presented in court. However, the absence of this certificate is merely an irregularity and does not automatically invalidate the marriage. The key issue remained whether Rederick, as a naturalized Australian citizen, had the legal capacity to marry under Australian law.

In summary, the Supreme Court did not declare the marriage between Grace and Rederick valid or void. Instead, it remanded the case to the trial court to receive evidence conclusively showing Rederick’s legal capacity to marry Grace under Australian law. If Rederick fails to provide such evidence, the trial court was instructed to declare the marriage void on the ground of bigamy, given the existence of Rederick’s prior marriage. The Court underscored that foreign laws must be proven in Philippine courts, and the legal capacity to marry is determined by the national law of the party concerned. This case highlights the importance of presenting comprehensive evidence, including expert testimony on foreign law, to ensure the recognition of foreign judgments and the validity of subsequent marriages in the Philippines.

FAQs

What was the key issue in this case?	The key issue was whether a divorce obtained in Australia by a naturalized Australian citizen was validly proven in the Philippines and whether it capacitated him to remarry, allowing his subsequent marriage in the Philippines to be recognized.
What is a decree nisi?	A decree nisi is an interlocutory or conditional decree of divorce. It does not automatically dissolve the marriage but is a provisional judgment that becomes absolute after a specified period, provided no reconciliation occurs.
What evidence is needed to prove a foreign divorce in the Philippines?	To prove a foreign divorce, the divorce decree itself must be presented, along with evidence of the foreign law that validates the divorce. The foreign law must be proven as a fact in accordance with Philippine rules of evidence.
Who has the burden of proving foreign law in a Philippine court?	The party who alleges the applicability and validity of the foreign law has the burden of proving it. This typically requires presenting evidence of the foreign law’s existence and its specific provisions.
What is the significance of a certificate of legal capacity to marry?	A certificate of legal capacity to marry, if duly authenticated and admitted, serves as prima facie evidence that an alien applicant for a marriage license has the legal capacity to marry according to their national law.
Can Philippine courts take judicial notice of foreign laws?	No, Philippine courts cannot take judicial notice of foreign laws. Foreign laws must be alleged and proven as facts, similar to any other piece of evidence presented in court.
What happens if the legal capacity to remarry is not proven?	If the legal capacity to remarry following a foreign divorce is not proven, a subsequent marriage may be declared void on the ground of bigamy if the prior marriage is still deemed valid under Philippine law.
What did the Supreme Court order in this case?	The Supreme Court remanded the case to the trial court to receive evidence conclusively showing the respondent’s legal capacity to marry the petitioner under Australian law. If such evidence is lacking, the trial court was instructed to declare the marriage void on the ground of bigamy.

This case underscores the complexities involved in recognizing foreign divorces in the Philippines and the critical need to provide sufficient evidence of both the divorce decree and the relevant foreign law. This ensures that subsequent marriages are legally sound and recognized under Philippine law.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: GARCIA vs. RECIO, G.R. No. 138322, October 02, 2001