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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 petitioners 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.

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