G.R. No.

138322
Garcia vs. Recio
Facts:
1.) Rederick Recio, a Filipino, was married to Editha Samson an Australian citizen, on March 1, 1987. On
May 18, 1989 a decree of divorce dissolving the marriage was issued by the Australian Family Court. On
June 26, 1992,
2.) Recio became an Australian citizen. Subsequently, Recio entered into marriage with Grace Garcia, a
Filipina, on January 12, 1994. Starting October 22, 1995, Recio and Garcia lived separately without prior
judicial dissolution of their marriage.
3.) On March 3, 1998, Garcia filed a complaint for Declaration of Nullity of Marriage on the ground of
bigamy. Recio contended that his prior marriage had been validly dissolved by a decree of divorce
obtained in Australia thus he is legally capacitated to marry Garcia. The trial court rendered the decision
declaring the marriage between Garcia and Recio dissolved and both parties can now remarry.
Issue:
Whether or not the divorce obtained by Recio in Australia ipso facto capacitated him to remarry.
Held:
The SC remanded the case to the court a quo to receive evidence. Based on the records, the court
cannot conclude that Recio who was then a naturalized Australian citizen was legally capacitated to
marry Garcia.
Neither can the court grant Garcias prayer to declare her marriage null and void on the ground of
bigamy. After all it may turn out that under Australian law he was really capacitated to marry Garcia 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.