1. Mr. David A. Noveras filed a petition seeking judicial recognition of a divorce decree issued by a California court dissolving his marriage to Mrs. Leticia T. Noveras.
2. The petition outlines the marriage and divorce of the parties, including relevant dates and attachments of marriage and birth certificates. It also provides details of the California divorce proceedings.
3. The petition argues that the California divorce should be recognized under Philippine law based on jurisprudence allowing recognition of valid foreign divorces obtained by alien spouses. The petition requests an order directing registration of the divorce.
1. Mr. David A. Noveras filed a petition seeking judicial recognition of a divorce decree issued by a California court dissolving his marriage to Mrs. Leticia T. Noveras.
2. The petition outlines the marriage and divorce of the parties, including relevant dates and attachments of marriage and birth certificates. It also provides details of the California divorce proceedings.
3. The petition argues that the California divorce should be recognized under Philippine law based on jurisprudence allowing recognition of valid foreign divorces obtained by alien spouses. The petition requests an order directing registration of the divorce.
1. Mr. David A. Noveras filed a petition seeking judicial recognition of a divorce decree issued by a California court dissolving his marriage to Mrs. Leticia T. Noveras.
2. The petition outlines the marriage and divorce of the parties, including relevant dates and attachments of marriage and birth certificates. It also provides details of the California divorce proceedings.
3. The petition argues that the California divorce should be recognized under Philippine law based on jurisprudence allowing recognition of valid foreign divorces obtained by alien spouses. The petition requests an order directing registration of the divorce.
Enforcement of a Foreign Judgment MRS. LETICIA T. NOVERAS, and/or Civil Registrar General, and/or the Local Civil Registrar of Baguio City Respondent. x- - - - - - - - - - - - - - - - - - - - - - - ----x
PETITION
Petitioner, through undersigned counsel, unto this
Honorable Court, hereby alleges:
1. Petitioner MR. DAVID A. NOVERAS is an American
citizen, divorced, and a resident of No. 44 Santo Tomas Proper, Baguio City where notices and summons can be served.
2. Respondent MRS. LETICIA T. NOVERAS is a Filipino
citizen, and a resident of No. 78 South Drive, Baguio City where summons, notices and court processes may be served.
3. Respondent Civil Registrar General of the National
Statistics Office with office address at Ground Floor, Solicare Building I, Ramon Magsaysay Blvd., Sta. Mesa Manila where it may be served with summons and court processes. Said government agency is represented by its Administrator and Civil Registrar General of the National Statistics Office, Carmelita N. Ericta. The said office is included as an indispensable party respondent of the instant case.
4. Respondent Baguio City Civil Registrar is represented by
Janet M. Roxas of legal age, married and with office address at the Baguio City Civil Registrar, Ground Floor, Baguio City Hall, City Hall Drive, Baguio City. The said office is included as an indispensable party respondent of the instant case.
5. Petitioner and private respondent got married on May 10,
2010 at Baguio City. Attached is a copy of the Certificate of Marriage marked as Annex A.
6. The parties have one child, Kylie Noveras who was born on July 16, 2013 in Notre Dame Hospital. Attached is a copy of his birth certificate marked as Annex "B".
7. However, the marriage was marred by frequent quarrels
and recurring arguments and it was difficult for them to reconcile their differences.
8. Petitioner filed for divorce at the Superior Court of
California and on March 12, 2017, Superior Court of California Hon. Judge Felix Reed issued a Final Judgment of Divorce. Attached is a copy of the Final Judgment of Divorce marked as Annex C.
9. That California is a US territory and the California
Family Code, US Code Annotated allows divorce. Attached as Annex D is DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION, CHAPTER 8. UNIFORM DIVORCE RECOGNITION ACT provisions of the law. 10. Aliens may obtain divorces abroad which may be recognized in the Philippines, provided they are valid according to their national law.
11. Under , paragraph 2 of Art. 26 of the Family Code,
states to wit: x x x Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.
12. In a landmark decision, the Supreme Court in the
case of Republic vs. Cipriano Orbecido III (GR No. 154380, Oct. 5, 2005) ruled that before a foreign divorce decree can be recognized by our own courts, the party pleading it must prove the divorce as a fact and demonstrate its conformity to the foreign law allowing it.
13. That the Dissolution of Status secured by petitioner
conforms to the California Divorce Law.
14. That it is but just and fair for the Philippine
government to recognize and enforce the divorce secured by the petitioner so as not to create a legal anomaly by allowing the foreign husband to remarry but the Filipina wife to continue to be bound in the marriage that does not exist or is already nullified in Guam law.
15. Lastly, the Supreme Court in Gerbert R. Corpuz vs.
Daisylyn Tirol Sto. Tomas et. al. (G.R. No. 186571, August 11, 2010) recognized that the foreign spouse has the legal interest to file the petition for judicial recognition of divorce decree and that the (t)he recognition of the foreign divorce decree may be made in a Rule 108 proceeding itself, as the object of special proceedings (such as that in Rule 108 of the Rules of Court) is precisely to establish the status or right of a party or a particular fact. Moreover, Rule 108 of the Rules of Court can serve as the appropriate adversarial proceeding[41] by which the applicability of the foreign judgment can be measured and tested in terms of jurisdictional infirmities, want of notice to the party, collusion, fraud, or clear mistake
WHEREFORE, above premises considered, it is
respectfully prayed that the divorce/ Dissolution of Status obtained by petitioner be judicially recognized and that an order be issued directing the public respondent Civil Registrar General and the Baguio Registrar to annotate the divorce/Dissolution of Status in their marriage certificate.
Other relief and remedies are likewise prayed for.
Baguio City, Philippines, 11th day of September 2019.
ATTY. TREMORLYN E. GALLENTE
Counsel for the Petitioner Room 9 Lopez Bldg., Session Road, Baguio City PTR No. 2190759; 05/03/2019; Baguio City IBP OR No: 1008020; 05/03/2019; Baguio City Roll No.: 69888; 04/09/2019 Baguio City, Philippines TIN No. 500-285-659-00
REPUBLIC OF THE PHILIPPINES}
CITY OF BAGUIO } S.S. x ---------------------------------------------- x VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
I, MR. DAVID A. NOVERAS of No. 44 Santo Tomas
Proper, Baguio City, Philippines after having been duly sworn in accordance with law, depose and state that:
1. I am the petitioner in the above-entitled case;
2. I have caused the preparation and the filing of the
foregoing petition;
3. I have read the contents thereof and the facts stated
therein are true and correct of my personal knowledge and on the basis of copies of documents and records in my possession;
4. I have not commenced any other action or proceeding
involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency; that to the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; and if I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court.
IN WITNESS WHEREOF, I have hereunto set my hand
this 11th day of September 2019, at Baguio City, Philippines.
MR. DAVID A. NOVERAS
Affiant
SUBSCRIBED AND SWORN to before me, in the City of
Baguio, Philippines, this 11th day of September 2019, by MR. DAVID A. NOVERAS, who is personally known to me, who is the same person who personally signed before me the foregoing document. Doc. No. ____; Page No. ____; Book No. ____; Series of 2019.
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