G.R. No. 138322.

October 2, 2001]
GRACE J. GARCIA, a.k.a. GRACE J. GARCIA-RECIO, petitioner, vs . REDERICK A. RECIO, respondent .

FACTS:
Grace Garcia-Recio filed a Complaint for Declaration of Nullity of Marriage in the court on the ground of bigamy alleging Rederick was not legally
capacitated to marry her on January 12, 1994 because of his prior subsisting marriage to Editha Samson, an Australian citizen. The latter claimed that
Grace knew of his prior marriage and its subsequent dissolution. He had obtained a divorce decree as proof of his legal capacity to marry her in 1994.
While the case was still pending, Rederick, who had become a naturalized Australian citizen in 1992, secured a divorce decree in Sydney, Australia
for the dissolution of his marriage with Grace on the ground that “the marriage had irretrievably broken down.” This was recognized by the trial court
in rendering its decision that the marriage between Rederick and Grace ended not on the basis of the former's alleged lack of legal capacity to remarry
but on the basis of the divorce decree (Australian divorce) obtained by him. Grace argues that the divorce decree may only be given recognition in
this jurisdiction upon proof of existence of (1) the foreign law allowing absolute divorce, and (2) the alleged divorce decree itself.

ISSUES:
1. Whether or not the divorce between Rederick Recio and Editha Samson was proven.
2. Whether or not Rederick Recio was proven to be legally capacitated to marry Grace Recio.

RULING:
1. Yes, the divorce decree has to be admitted in evidence with the registration requirements under Articles 11, 13 and 52 of the Family Code in order
to prove the divorce as a fact and prove it’s conformity to the foreign law allowing it for our courts cannot take judicial notice of foreign laws.
However, compliance with the registration requirements is no longer binding to Rederick for he has acquired Australian Citizenship and therefore,
he is no longer bound by Philippine personal laws. Rederick submitted the divorce decree and was rendered admissible by the trial court as a written
act of the Family Court of Sydney, Autralia and accorded weight by the judge.

2. No. The court held that Rederick's presentation of an interlocutory decree - a conditional or provisional judgment of divorce showed that the
divorce obtained may have been restricted; it did not absolutely establish his legal capacity to remarry according to national law. Rederick also failed
to submit a Certificate of Legal Capacity together with the application for a marriage license required by Article 21 of the Family Code which would
have been admitted as a prima facie evidence of his legal capacity to marry. The Court finds no absolute evidence that proves that Rederick, who
was then a naturalized Australian citizen, was legally capacitated to marry Grace on January 12, 1994.