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    Garcia V Recio

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    Boom Manuel
    1) Rederick Recio, a Filipino citizen, divorced his first wife Editha Samson in Australia in 1989 and became an Australian citizen in 1992. 2) In 1994, Recio married Grace Garcia in the Philippines, declaring that he was single but failing to disclose his prior marriage. 3) Garcia later filed for annulment on grounds of bigamy. Recio argued his first marriage was validly dissolved by the Australian divorce decree. 4) The Supreme Court ruled that merely presenting the Australian divorce decree was insufficient to terminate Recio's first marriage under Philippine law, as he must prove the divorce was valid under foreign law allowing it.

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    Garcia V Recio

    Uploaded by

    Boom Manuel
    78 views1 page
    1) Rederick Recio, a Filipino citizen, divorced his first wife Editha Samson in Australia in 1989 and became an Australian citizen in 1992. 2) In 1994, Recio married Grace Garcia in the Philippines, declaring that he was single but failing to disclose his prior marriage. 3) Garcia later filed for annulment on grounds of bigamy. Recio argued his first marriage was validly dissolved by the Australian divorce decree. 4) The Supreme Court ruled that merely presenting the Australian divorce decree was insufficient to terminate Recio's first marriage under Philippine law, as he must prove the divorce was valid under foreign law allowing it.

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    Persons case digest

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    Garcia v Recio

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    1) Rederick Recio, a Filipino citizen, divorced his first wife Editha Samson in Australia in 1989 and became an Australian citizen in 1992. 2) In 1994, Recio married Grace Garcia in the Philippines, declaring that he was single but failing to disclose his prior marriage. 3) Garcia later filed for annulment on grounds of bigamy. Recio argued his first marriage was validly dissolved by the Australian divorce decree. 4) The Supreme Court ruled that merely presenting the Australian divorce decree was insufficient to terminate Recio's first marriage under Philippine law, as he must prove the divorce was valid under foreign law allowing it.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    78 views1 page

    Garcia V Recio

    Uploaded by

    Boom Manuel
    1) Rederick Recio, a Filipino citizen, divorced his first wife Editha Samson in Australia in 1989 and became an Australian citizen in 1992. 2) In 1994, Recio married Grace Garcia in the Philippines, declaring that he was single but failing to disclose his prior marriage. 3) Garcia later filed for annulment on grounds of bigamy. Recio argued his first marriage was validly dissolved by the Australian divorce decree. 4) The Supreme Court ruled that merely presenting the Australian divorce decree was insufficient to terminate Recio's first marriage under Philippine law, as he must prove the divorce was valid under foreign law allowing it.

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    of 1

    ARTICLE 3: Ignorance of the law excuses no one from compliance

    Garcia v. Recio
    G. R. No. 138322 Oct. 2, 2001
    FACTS
    Rederick Recio, a Filipino, married an Australian citizen named Editha Samson in
    1987. Two years later a decree of divorce was released by the Australian
    government.
    On June 26, 1992, Recio became an Australian citizen and married a certain
    Grace Garcia in1994 in Cabanatuan City with the former declaring that he was
    single and Filipino. Garcia filed a declaration of nullity of marriage on the ground
    of bigamy alleging that Recio had a prior subsisting marriage at the time he
    married her and only had knowledge of it in 1997.
    Recio countered Garcias claim, asserting that he disclosed the previous
    marriage to her in 1993. Moreover, he contended that his first marriage had been
    validly dissolved by a divorce decree obtained in Australia in 1989 making him
    legally capacitated to marry.
    ISSUE
    Whether or not the trial court gravely erred in finding that the divorce decree
    obtained in Australia by Recio ipso facto terminated his first marriage to Samson
    thereby capacitating him to contract a second marriage with Garcia.
    HELD
    The Supreme Court ruled that the divorce decree obtained by Recio does not
    ipso facto terminate his first marriage to Samson on the account that
    presentation solely of the divorce decree is insufficient. Article 15 and 17 of the
    Civil Code establish the rule that a marriage between two Filipinos cannot be
    dissolved even by a divorce obtained abroad. In mixed marriages involving a
    Filipino and a foreigner, Article 26 of the Family Code allows the former to
    contract a subsequent marriage in case the divorce is validly obtained abroad by
    the alien spouse capacitating him or her to remarry. A divorce obtained abroad
    by a couple, who are both aliens, may be recognized in the Philippines, provided
    it is consistent with their respective national laws. The Court highlights that
    before a foreign divorce decree can be recognized by our courts, the party
    pleading it must prove the divorce as a fact and demonstrate its conformity to the
    foreign law allowing it.

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