Significance of the Certificate of Legal Capacity

Petitioner argues that the certificate of legal capacity required by Article 21 of the Family Code was not submitted together with the application for a marriage license.  According to her, its absence is proof that respondent did not have legal capacity to remarry.

We clarify.  To repeat, the legal capacity to contract marriage is determined by the national law of the party concerned.  The certificate mentioned in Article 21 of the Family Code would have been sufficient to establish the legal capacity of respondent, had he duly presented it in court. A duly authenticated and admitted certificate is prima facie evidence of legal capacity to marry on the part of the alien applicant for a marriage license.^[50]

As it is, however, there is absolutely no evidence that proves respondent's legal capacity to marry petitioner.  A review of the records before this Court shows that only the following exhibits were presented before the lower court: (1) for petitioner: (a) Exhibit "A" - Complaint;^[51] (b) Exhibit "B" - Certificate of Marriage Between Rederick A. Recio (Filipino-Australian) and Grace J. Garcia (Filipino) on January 12, 1994 in Cabanatuan City, Nueva Ecija;^[52] (c) Exhibit "C" - Certificate of Marriage Between Rederick A. Recio (Filipino) and Editha D. Samson (Australian) on March 1, 1987 in Malabon, Metro Manila;^[53] (d) Exhibit "D" - Office of the City Registrar of Cabanatuan City Certification that no information of annulment between Rederick A. Recio and Editha D. Samson was in its records;^[54] and (e) Exhibit "E" - Certificate of Australian Citizenship of Rederick A. Recio;^[55] (2) for respondent: (a) Exhibit "1" -- Amended Answer;^[56] (b) Exhibit "2" - Family Law Act 1975 Decree Nisi of Dissolution of Marriage in the Family Court of Australia;^[57] (c) Exhibit "3" - Certificate of Australian Citizenship of Rederick A. Recio;^[58] (d) Exhibit "4" - Decree Nisi of Dissolution of Marriage in the Family Court of Australia Certificate;^[59] and Exhibit "5" -- Statutory Declaration of the Legal Separation Between Rederick A. Recio and Grace J. Garcia Recio since October 22, 1995.^[60]

GRACE J. GARCIA, A.K.A. GRACE J. GARCIA-RECIO, PETITIONER,VS. REDERICK A. RECIO, RESPONDENT. THIRD DIVISION[ G.R. No. 138322, October 02, 2001 ]

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 judgments; 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.