Professional Documents
Culture Documents
Garcia Vs Recio G.R. No. 138322 October 2, 2001
Garcia Vs Recio G.R. No. 138322 October 2, 2001
138322
October 2, 2001
CIVIL LAW
CIVIL LAW
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 celebrationist). 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 Filipinos cannot be dissolved even by a
divorce obtained abroad, because of Articles 1522 and
1723 of the Civil Code.24 In mixed marriages involving a
Filipino and a foreigner, Article 2625 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.
Divorce as a Question of Fact
xxx
xxx
xxx
xxx
CIVIL LAW
CIVIL LAW
SO ORDERED.