Chapter 1
Chapter 1
GRACE J. GARCIA, a.k.a. GRACE J. GARCIA-RECIO, petitioner, versus REDERICK A. RECIO, respondents.
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 judgment; 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
The Case
Before us is a Petition for Review under Rule forty-five of the Rules of Court, seeking to nullify the January seven, nineteen ninety-nine Decision and the March twenty-four, nineteen ninety-nine Order of the Regional Trial Court of Cabanatuan City, Branch twenty-eight, in Civil Case Number thirty-two zero six-AF. The assailed Decision disposed as follows:
"WHEREFORE, this Court declares the marriage between Grace J. Garcia and Rederick A. Recio solemnized on January twelve, nineteen ninety-four at Cabanatuan City as dissolved and both parties can now remarry under existing and applicable laws to any and/or both parties."
The assailed Order denied reconsideration of the above-quoted Decision.