C. G.R. No. 138322 - Garcia v. Recio
C. G.R. No. 138322 - Garcia v. Recio
C. G.R. No. 138322 - Garcia v. Recio
DECISION
PANGANIBAN, J : p
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 trial court gravely erred in finding that the divorce decree
obtained in Australia by the respondent ipso facto terminated his first
marriage to Editha Samson thereby capacitating him to contract a
second marriage with the petitioner.
"2
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The failure of the respondent, who is now a naturalized
Australian, to present a certificate of legal capacity to marry
constitutes absence of a substantial requisite voiding the petitioner's
marriage to the respondent.
"3
"4
"5
The Petition raises five issues, but for purposes of this Decision, we
shall concentrate on two pivotal ones: (1) whether the divorce between
respondent and Editha Samson was proven, and (2) whether respondent was
proven to be legally capacitated to marry petitioner. Because of our ruling on
these two, there is no more necessity to take up the rest.
The Court's Ruling
The Petition is partly meritorious.
First Issue:
Proving the Divorce Between
Respondent and Editha Samson
Petitioner assails the trial court's recognition of the divorce between
respondent and Editha Samson. Citing Adong v. Cheong Seng Gee, 20
petitioner argues that the divorce decree, like any other foreign judgment,
may be given recognition in this jurisdiction only upon proof of the existence
of (1) the foreign law allowing absolute divorce and (2) the alleged divorce
decree itself. She adds that respondent miserably failed to establish these
elements.
Petitioner adds that, based on the first paragraph of Article 26 of the
Family Code, marriages solemnized abroad are governed by the law of the
place where they were celebrated (the lex loci celebrationis). In effect, the
Code requires the presentation of the foreign law to show the conformity of
the marriage in question to the legal requirements of the place where the
marriage was performed.
At the outset, we lay the following basic legal principles as the take-off
points for our discussion. Philippine law does not provide for absolute
divorce; hence, our courts cannot grant it. 21 A marriage between two
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Filipinos cannot be dissolved even by a divorce obtained abroad, because of
Articles 15 22 and 17 23 of the Civil Code. 24 In mixed marriages involving a
Filipino and a foreigner, Article 26 25 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." 26 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. 27
A comparison between marriage and divorce, as far as pleading and
proof are concerned, can be made. Van Dorn v. Romillo Jr . decrees that
"aliens may obtain divorces abroad, which may be recognized in the
Philippines, provided they are valid according to their national law." 28
Therefore, 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. 29 Presentation solely of the divorce
decree is insufficient. STHAID
Footnotes
1. Penned by Judge Feliciano V. Buenaventura; rollo, pp. 7-9.
2. Rollo, p. 10.
3. Ibid., p. 9.
4. Rollo, p. 37.
5. Ibid., p. 47.
6. Id., p. 44.
7. Id., p. 36.
8. Annex "1"; temporary rollo, p. 9.
9. The couple secure an Australian "Statutory Declaration" of their legal
separation and division of conjugal assets. See Annexes "3" and "4" of
Respondent's Comment; rollo, p. 48.
22. "ART. 15. Laws relating to family rights and duties, or to the status,
condition and legal capacity of persons are binding upon citizens of the
Philippines, even though living abroad."
23. "ART. 17. The forms and solemnities of contracts, wills, and other public
instruments shall be governed by the laws of the country in which they are
executed.
xxx xxx xxx
"Prohibitive laws concerning persons, their acts or property, and those
which have for their object public order, public policy and good customs
shall not be rendered ineffective by laws or judgments promulgated, or by
determinations or conventions agreed upon in a foreign country."
24. Tenchaves v. Escaño, 15 SCRA 355, 362, November 29, 1965; Barretto
Gonzalez v. Gonzalez, 58 Phil. 67, 71-72, March 7, 1933.
25. "Art. 26. All marriages solemnized outside the Philippines in accordance
with the laws in force in the country where they were solemnized, and valid
there as such, shall also be valid in this country, except those prohibited
under Articles 35(1), (4), (5), and (6), 36, 37, and 38. (71a)
"Where a marriage between a Filipino citizen and a foreigner is validly
celebrated and a divorce is thereafter validly obtained abroad by the alien
spouse capacitating him or her to remarry, the Filipino spouse shall have
capacity to remarry under Philippine law." (As amended by EO 227, prom.
July 27, 1987)
26. Cf. Van Dorn v. Romillo Jr. , 139 SCRA 139, 143-144, October 8, 1985; and
Pilapil v. Ibay-Somera, 174 SCRA 653, 663, June 30, 1989.
27. Van Dorn v. Romillo Jr. , supra.
28. Ibid., p. 143.
29. For a detailed discussion of Van Dorn, see Salonga, Private International
Law, 1995 ed. pp. 295-300. See also Jose C. Vitug, Compendium of Civil Law
and Jurisprudence, 1993 ed., p. 16.
30. "SEC. 19. Classes of documents — For the purpose of their
presentation in evidence, documents are either public or private.
"Public documents are:
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"(a) The written official acts, or records of the official acts of the
sovereign authority, official bodies and tribunals, and public officers,
whether in the Philippines, or of a foreign country.
xxx xxx xxx."
31. Burr W. Jones, Commentaries on the Law of Evidence in Civil Cases, Vol. IV,
1926 ed., p. 3511; §3, Rule 130 of the Rules on Evidence provides that "when
the subject of inquiry is the contents of a document, no evidence shall be
admissible other than the original document itself."
32. "SEC. 19. Classes of documents.—For the purpose of their presentation
in evidence, documents are either public or private.
Public documents are:
(a) The written official acts, or records of the official acts of the sovereign
authority, official bodies and tribunals, and public officers, whether in the
Philippines, or of a foreign country.
xxx xxx xxx."
33. "Sec. 25. What attestation of copy must state. — Whenever a copy of a
document or record is attested for the purpose of evidence, the attestation
must state, in substance, that the copy is a correct copy of the original, or a
specific part thereof, as the case may be. The attestation must be under the
official seal of the attesting officer, if there be any, or if he be the clerk of a
court having a seal, under the seal of such court."
34. "Sec. 24. Proof of official record. — The record of public documents
referred to in paragraph (a) of Section 19, when admissible for any purpose,
may be evidenced by an official publication thereof or by a copy attested by
the officer having the legal custody of the record, or by his deputy, and
accompanied, if the record is not kept in the Philippines, with a certificate
that such officer has the custody. If the office in which the record is kept is in
a foreign country, the certificate may be made by a secretary of the embassy
or legation, consul general, consul, vice-consul, or consular agent or by any
officer in the foreign service of the Philippines stationed in the foreign
country in which the record is kept, and authenticated by the seal of his
office."
See also Asiavest Ltd. v. Court of Appeals, 296 SCRA 539, 550-551,
September 25, 1998; Pacific Asia Overseas Shipping Corp. v. National Labor
Relations Commission, 161 SCRA 122, 133-134, May 6, 1988.
35. The transcript of stenographic notes states that the original copies of the
divorce decrees were presented in court (TSN, December 16, 1998, p. 5;
records, p. 176), but only photocopies of the same documents were attached
to the records (Records, Index of Exhibits, p. 1.).
36. TSN, December 15, 1998, p. 7; records, p. 178.
40. Joaquin Bernas, The 1987 Constitution of the Republic of the Philippines: A
Commentary, 1996 ed., p. 566.
41. Ricardo J. Francisco, Evidence: Rules of Court in the Philippines, second
edition, p. 382.
"In either case, the judgment or final order may be repelled by evidence
of a want of jurisdiction, want of notice to the party, collusion, fraud, or clear
mistake of law or fact."
50. In passing, we note that the absence of the said certificate is merely an
irregularity in complying with the formal requirement for procuring a
marriage license. Under Article 4 of the Family Code, an irregularity will not
affect the validity of a marriage celebrated on the basis of a marriage license
issued without that certificate. (Vitug, Compendium, pp. 120-126; Sempio-
Diy, Handbook on the Family Code of the Philippines, 1997 reprint, p. 17;
Rufus Rodriguez, The Family Code of the Philippines Annotated, 1990 ed., p.
42; Melencio Sta. Maria Jr., Persons and Family Relations Law, 1999 ed., p.
146.)