In Garcia v. Recio, the Court laid down the specific guidelines for pleading and proving foreign law and divorce judgments.
It held that presentation solely of the divorce decree is insufficient and that proof of its authenticity and due execution must be presented.
Under Sections 24 and 25 of Rule 132, a writing or document may be proven as a public or official record of a foreign country by either
(1) an official publication or
(2) a copy thereof attested by the officer having legal custody of the document. If the record is not kept in the Philippines, such copy must be
(a) accompanied by a certificate issued by the proper diplomatic or consular officer in the Philippine foreign service stationed in the foreign country in which the record is kept and
(b) authenticated by the seal of his office.
It held that presentation solely of the divorce decree is insufficient and that proof of its authenticity and due execution must be presented.
Under Sections 24 and 25 of Rule 132, a writing or document may be proven as a public or official record of a foreign country by either
(1) an official publication or
(2) a copy thereof attested by the officer having legal custody of the document. If the record is not kept in the Philippines, such copy must be
(a) accompanied by a certificate issued by the proper diplomatic or consular officer in the Philippine foreign service stationed in the foreign country in which the record is kept and
(b) authenticated by the seal of his office.
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