Republic of the Philippines

Regional Trial Court

Petitioner,

-versus- CIVIL CASE NO.

For: Declaration of Nullity of
Marriage
Based on Art. 36 of Family Code

Respondent.
x------------------------------------x

ORDER

In an Order dated, this Court dismissed the present case for

failure of the petitioner to comply with all the jurisdictional
requirements set forth in A.M. 02-11-10-SC (Re: Proposed Rule on
Declaration of Absolute Nullity of Void Marriages and Annulment of
Voidable Marriages).

As a resort, the petitioner now files a Motion for

Reconsideration seeking the indulgence of the Court to comply with
the residency requirement, alleging that petitioner’s counsel has
just inherited this case from another counsel who failed to comply.
Attached to the said motion is a Barangay Clearance issued by
Punong Barangay of Brgy., attesting to the character of the
petitioner, a sketch of the alleged location of the petitioner’s house,
and a Professional Driver’s License.

While the Court sympathizes with the fact that the counsel
merely inherited the case, the Court cannot overlook the
insufficiency of the jurisdictional requirements submitted. The
Order abovementioned clearly and even numerically itemized the
specific requirements set forth in A.M. No. 02-11-10-SC. Hence, the
Court implores the petitioner’s counsel to refer to the said order.
However, for convenience, we reiterate:

… petitioner shall attach the following; (1) sworn

certification of residency (with house sketch) issued
by the barangay; (2) sworn statement of counsel of
record that he/she has personally verified petitioner’s
residency and that the petitioner had been residing
thereat for atleast six (6) months prior to the filing of
petition; and (3) any but not limited to the following
supporting documents:

i. Utility bills in the name of the petitioner for at

 least six (6) months prior to the filing of the
petition;
ii. Government-issued I.D. or Company I.D.,
bearing the photograph and address of the
petitioner and issued at least six (6) months
prior to the filing of the petition;
iii. Notarized lease contract, if available, and/or
receipt for rental payments (bearing the address
of the petitioner) for atleast six (6) months prior
to the filing of the petition;
iv. Transfer Certificate of Title, or Tax Declaration,
or Deed of Sale and the like, in the name of the
petitioner where he/she resides.

As to the first requirement, a barangay clearance may not be

accepted. What is required is a sworn certification of residency with
a house sketch issued by the barangay. It stands to reason the
difference between a barangay clearance and a sworn certification
of residency.

As to the second requirement, the petitioner failed to submit

such.

As to the third requirement, the petitioner sufficiently

provided a supporting document: Professional Driver’s License No.

In summary, only one out of three jurisdictional requirements

had been conformed with. For this Court to acquire jurisdiction
over the person of the petitioner, all three must be present.

WHEREFORE, premises considered, the petitioner is hereby

directed to comply with all three requirements within a period of
Five (5) days from receipt hereof; otherwise, the Court shall issue
an Order denying the Motion for Reconsideration of the petitioner,
and the dismissal of the case shall stand.

SO ORDERED.

DONE IN CHAMBERS, this ____ day of February 2020, in

Acting Presiding Judge