6. GARCIA VS. RECIO - GR NO.

138322

 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, respondent became an Australian citizen. Subsequently, respondent

entered into marriage with petitioner a Filipina on January 12, 1994.

 Starting October 22, 1995, petitioner and respondent lived separately without prior
judicial dissolution of their marriage.

 On March 3, 1998, petitioner filed a complaint for Declaration of Nullity of Marriage on

the ground of bigamy. Respondent contended that his prior marriage had been validly
dissolved by a decree of divorce obtained in Australia thus he is legally capacitated to
marry petitioner.

 The trial court rendered the decision declaring the marriage between petitioner and
respondent dissolved and both parties can now remarry.

ISSUE:

 Whether or not the divorce obtained by respondent in Australia ipso facto capacitated
him to remarry.

HELD:

 The SC remanded the case to the trial court to receive evidence.

 Based on the records, the court cannot conclude that respondent who was then a
naturalized Australian citizen was legally capacitated to marry petitioner.

 Neither can the court grant petitioner’s 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 petitioner as result of the divorce decree.