G.R. No. 224720-23 - Martel vs. People

Rederick A. Recio (Filipino) married Editha Samson (Australian) on March 1, 1987 in Malabon, Rizal.
They resided in Australia, where on May 18, 1989 an Australian family court issued a decree of divorce dissolving their marriage.
On June 26, 1992, Recio acquired Australian citizenship as evidenced by a “Certificate of Australian Citizenship.”

Grace J. Garcia (Filipina) and respondent married on January 12, 1994 in Cabanatuan City.
In the marriage license application, respondent declared himself “single” and “Filipino.”
The couple lived separately from October 22, 1995; they divided their conjugal assets in Australia on May 16, 1996 pursuant to statutory declarations.

On March 3, 1998, petitioner filed a Complaint for Declaration of Nullity of Marriage on the ground of bigamy, alleging respondent’s prior marriage was subsisting.
Respondent’s Answer: asserted he disclosed his prior marriage and that it had been validly dissolved by the 1989 Australian divorce decree; prayed for dismissal.
During trial, petitioner objected only to non-registration of the Australian decree in the Philippine civil registry; the trial court nonetheless admitted and gave weight to the decree as evidence.
On January 7, 1999, the Regional Trial Court declared the January 12, 1994 marriage dissolved, finding the Australian divorce valid and recognized in the Philippines; reconsideration was denied on March 24, 1999.

Petitioner filed a Petition for Review under Rule 45 seeking to nullify the trial court’s Decision and Order.
The Office of the Solicitor General supported respondent’s position.

Whether the trial court erred in finding the Australian divorce ipso facto terminated respondent’s first marriage, thus capacitating him to marry petitioner.
Whether respondent’s failure to present a certificate of legal capacity to marry voided the January 12, 1994 marriage.
Whether the trial court misapplied Article 26 of the Family Code.
Whether the trial court disregarded Articles 11, 13, 21, 35, 40, 52 and 53 of the Family Code.
Whether the trial court erred in recognizing the Australian divorce without prior judicial recognition in Philippine courts.

Was the Australian divorce between respondent and Editha Samson properly proven and recognized?
Was respondent proven to be legally capacitated to marry petitioner in 1994?