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418 Phil. 723
THIRD DIVISION
[ G.R. No. 138322, October 02, 2001 ]
GRACE J. GARCIA, A.K.A. GRACE J. GARCIA-RECIO,
PETITIONER,VS. REDERICK A. RECIO, RESPONDENT.
DECISION
PANGANIBAN, J.:
A divorce obtained abroad by an alien may be recognized in our jurisdiction, provided
such decree is valid according to the national law of the foreigner. However, the divorce
decree and the governing personal law of the alien spouse who obtained the divorce
must be proven. Our courts do not take judicial notice of foreign laws and judgments;
hence, like any other facts, both the divorce decree and the national law of the alien
must be alleged and proven according to our law on evidence.
The Case
Before us is a Petition for Review under Rule 45 of the Rules of Court, seeking to nullify
the January 7, 1999 Decision[1] and the March 24, 1999 Order[2] of the Regional Trial
Court of Cabanatuan City, Branch 28, in Civil Case No. 3026-AF. The assailed Decision
disposed as follows:
"WHEREFORE, this Court declares the marriage between Grace J. Garcia and Rederick
A. Recio solemnized on January 12, 1994 at Cabanatuan City as dissolved and both
parties can now remarry under existing and applicable laws to any and/or both parties."
[3]
The assailed Order denied reconsideration of the above-quoted Decision.
The Facts
Rederick A. Recio, a Filipino, was married to Editha Samson, an Australian citizen, in
Malabon, Rizal, on March 1, 1987.[4] They lived together as husband and wife in
Australia. On May 18, 1989, [5] a decree of divorce, purportedly dissolving the
marriage, was issued by an Australian family court.
On June 26, 1992, respondent became an Australian citizen, as shown by a "Certificate
of Australian Citizenship" issued by the Australian government.[6] Petitioner -- a Filipina
-- and respondent were married on January 12, 1994 in Our Lady of Perpetual Help
Church in Cabanatuan City.[7] In their application for a marriage license, respondent
was declared as "single" and "Filipino."[8]
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