Republic of the Philippines

NATIONAL CAPITAL JUDICIAL REGION

Regional Trial Court
Pasay City, Branch __

IN RE: PETITION FOR

RECOGNITION OF A FOREIGN
JUDGMENT OF DIVORCE
BETWEEN YOSHIAKI KONTA
AND LALAINE CHAN ABLEN and
DECLARATION OF CAPACITY
TO REMARRY UNDER ARTICLE
26 OF THE FAMILY CODE,

LALAINE CHAN ABLEN,

Petitioner,

- versus - Case No. __________

For: RECOGNITION OF
FOREIGN JUDGMENT OF
DIVORCE AND DELCARATION
OF CAPACITY TO REMARRY

YOSHIAKI KONTA, THE

LOCATL CIVIL REGISTRY OF
PASAY CITY and the
ADMINISTRATOR AND CIVIL
REGISTRAR GENERAL OF THE
PHILIPPINE STATISTICS
AUTHORITY,
Respondents.

X- - - - - - - - - - - - - - - - - - - - X

PETITION FOR RECOGNITION OF FOREIGN

JUDGMENT OF DIVORCE

Petitioner LALAINE CHAN ABLEN, thru the Public Attorney’s

Office, by the undersigned counsel and unto this Honorable Court, most
respectfully states that:

1. The Petitioner is of legal age, Filipino, married, and resident of

Blk. 18, Lot 1, Purok 3, Upper Bicutan, Taguig City, where she may be
served with summons and other court processes.

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 2. Respondent Yoshiaki Konta, is a Japan national, of legal age,
married and with last known address at Blk. 18, Lot 1, Purok 3, Upper
Bicutan, Taguig City.

3. Respondent Local Civil Registrar of Pasay City is a public

office charged with the civil registration within its territorial jurisdiction and
is holding office at the Pasay City Hall where summons and other court
processes may be served.

4. The Civil Registrar General of the Philippine Statistics

Authority (PSA) is likewise impleaded as the central custodian of all records
of births/marriages in the country and may be served with notices, orders
and other processes of this Honorable Court at the Solicarel Building I,
Ramon Magsaysay Boulevard, Sta. Mesa, Manila.

STATEMENT OF FACTS AND CAUSE OF ACTION

5. Petitioner was a talent in Japan where she met private

respondent Yoshiaki Konta sometime in 2007. They fell in love with each
other and later on decided to marry each other.

6. On February 4, 2008, they celebrated their marriage in Pasay

City, Philippines. A copy of their Certificate of Marriage is hereto attached
as Annex “A”.

7. However, their relationship cooled and private respondent left

and went back to Japan where he obtained a divorce decree.

8. In accordance with the Civil Code of Japan, a divorce was

obtained by respondent Yoshiaki. A copy of the Civil Code of Japan
obtained from the Embassy of Japan Library is hereto attached as Annex
“B” to “B-10” and made integral part hereof.

9. Consequently, the Mayor of Tsukubamirai City, Masao

Katanwa, issued a Certificate of Acceptance on August 11, 2010.

10. The Certificate of Acceptance states that a Divorce between

Yoshiaki Konta and Lalaine Chan Ablen was accepted by the said office on
August 11, 2010. A copy of the said Certification in Japanese text is hereto
attached as Annex “C” while a copy of the English translation of the said
Certification is hereto attached as Annex “C-1”. The said translation is
accompanied by: (1) a Certification issued by Vice Consul Shuichi
Nishimura of the Embassy of Japan in the Philippines, certifying that the
English translation of the above-mentioned Certificate of Acceptance, is a
faithful translation of the Japanese text; and (2) an Authentication Certificate
issued by the Department of Foreign Affairs Authentication Officer Cezar
M. Susi, certifying that Shuichi Nishimura is, at the time of the Certificate,

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the Vice Consul of the Embassy of Japan. Copies of the Certification and
Authentication Certificate are hereto attached as Annexes “C-2” – “C-3”.

11. On July 4, 2016, the Head of Kamisu City, Ibaraki Prefecture –

Kazuo Hodachi certified that the divorce between Yoshiaki Konta and
Lalaine Chan Ablan is duly recorded in the family register of Japan. A copy
of said Certification is hereto attached as Annexes “D” to “D-2”, while its
English translation is attached as Annexes “D-3” to “D-5”. Copy of the
Authentication Certification from the Department of Foreign Affairs and the
Certification issued by the Vice Consul of the Japanese Embassy of the
Philippines are hereto attached as Annexes “D-6” and “D-7”.

12. On December 5, 2017, a Certification was issued by the City

Civil Registry Office of Manila certifying that a Divorce Certificate issued
by the Vice Consul Embassy of Japan has been filed and recorded. A copy
of said Certification is hereto attached as Annex “E”. Attached likewise, as
Annex “E-1”, is the Divorce Certificate stating that a divorce between
Yoshiaki Konta and Lalaine Chan Ablen was granted on August 11, 2010.
This is accompanied by the Authentication Certificate issued by the
Department of Foreign Affairs, attached as Annex “E-2”.

13. The pertinent portion of the Civil Code of Japan specifically

provides:

“TERMINATION OF MATRIMONIAL RELATIONSHIP”

Article 728. 1. The matrimonial relationship is terminated

by divorce.

2. The same shall apply also if after the death of either husband
or wife, the surviving spouse declares his or her intention to
terminate the matrimonial relationship.

14. Petitioner files this Petition against private respondent Yoshiaki

Konta, the Local Civil Registrar of Pasay City, the Adminsitrator and Civil
Registrar General of the Philippines Statistics Authority, under paragraph 2,
Article 26 of the Family Code (Executive Order No. 209, as amended by
Executive Order No. 227), which states:

Article 26. All marriages solemnized outside the Philippines in

accordance with the laws in force in the country where they
were solemnized, and valid there as such, shall also be valid in
this country, except those prohibited under Articles 35 (1), (4),
(5), and (6), 36, 37 and 38.

“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 shall have the capacity to remarry
under the Philippine law.”

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 15. This case prays for the Recognition of Foreign Divorce and
Judicial Declaration of its legal consequences under paragraph 2, Article 26,
of the Family Code, as amended, particularly Petitioner’s capacity to
remarry, by reason of the termination of her matrimonial relationship or
dissolution of her previous marriage with the private respondent Yoshiaki
Konta, through a divorce obtained in Japan by the latter, thereby capacitating
the private respondent to remarry under Japanese laws and regulations.
Consequently, herein Petitioner has become capacitated, as well, to remarry
under Philippine law.

16. The Petition further seeks to compel the Local Civil Registrar
of Pasay City, Metro Manila and Administrator and Civil Registrar General
of the Philippine Statistics Authority to be posted hereof and to take notice
of the Judicial Recognition of such foreign divorce, as herein sought and
have the same accepted for filing, recording, and annotation on the
corresponding certificate of marriage of Yoshiaki Konta and Lalaine Chan
Ablen.

17. In Republic vs. Orbecido III1, the Supreme Court declared the
present action as one for declaratory relief under Rule 63 of the Revised
Rules of Court. Thus, it stated:

“At the outset, we note that the petition for authority to remarry
filed before the trial court actually constituted a petition for
declaratory relief. In this connection, Section 1, Rule 63 of the
Rules of Court provides:

Rule 63

DECLARATORY RELIEF AND SIMILAR REMEDIES

Section 1. Who may file petition. – Any person interested under

a deed, will, contract or other written instrument, or whose
rights are affected by a statue, executive order or regulation,
ordinance , or other governmental regulation may, before
breach or violation thereof, bring an action in the appropriate
Regional Trial Court to determine any question of construction
or validity arising, and for a declaration of his rights or duties,
thereunder.

The requisites of a petition for declaratory relief are: (1) there

must be a justiciable controversy; (2) the controversy must be
between persons whose interests are adverse; (3) that the party

1
G.R. No. 154380, October 5, 2005

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 seeking the relief has a legal interest in the controversy; and (4)
that the issue is ripe for judicial determination.”

18. It is clear from the evidence adduced in support of the petition

that the divorce obtained by the private respondent Yoshiaki Konta
capacitated him to remarry under Japanese laws. This is evident in the
Certification issued by Kazuo Hodachi - Head of Kamisu City (Annexes “D
to D-2”), where after obtaining a divorce between him and petitioner, he
again remarried the Katherine Afin Mendez. And after divorcing the latter,
again remarried one Ercil Yaman Tabura Junior.

19. In Minoru Fujiki vs. Maria Paz Galela Marinay et al. 2, the
Supreme Court ruled:

“The second paragraph of Article 26 of the Family Code

provides that “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 the capacity to
remarry under Philippine law.”

In Republic vs. Orbecido, this Court recognized the legislative

intent of the second paragraph of Article 26 which is “to avoid
the absurd situation where the Filipino spouse remains married
to the alien spouse who, after obtaining a divorce, is no longer
married to the Filipino spouse” under the laws of his or her
country. The second paragraph of Article 26 of the Family
Code only authorizes Philippine courts to adopt the effects of a
foreign divorce decree precisely because the Philippines does
not allow divorce. Philippine courts cannot try the case on the
merits because it is tantamount to trying a case for divorce.

The second paragraph of Article 26 is only a corrective measure

to address the anomaly that results from a marriage a Filipino,
whose laws do not allow divorce, and a foreign citizen whose
laws allow divorce. The anomaly consists in the Filipino spouse
is tied to the marriage while the foreign spouse is free to marry
under the laws of his or her country. The correction is made by
extending in the Philippines the effect of the foreign divorce
decree, which is already effective in the country where it was
rendered. The second paragraph of Article 26 of the Family
Code is based on this Court’s decision in Van Dorn v. Romillo
which declared that the Filipino spouse “should not be
discriminated against in her own country if the ends of justice
are to be served.”

2
G.R. No. 196049, June 26, 2013

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 PRAYER

WHEREFORE, premises considered, petitioner respectfully prays of

this Honorable Court as follows:

1) Upon receipt of the Petition and after finding the same to be

sufficient in form and substance, an order be issued pursuant to
Rule 108, Revised Rules of Court:

a. Setting the case for hearing on a date, place and time

wherein all interested persons including those specifically
named in this Petition, may appear and show cause why the
Petition should not be granted;

b. Directing that copies of such order, together with this

Petition be furnished to the (1) Office of the Civil Registrar
General of the Philippine Statistics Authority; (2)
Administrator and Civil Registrar General of Pasay City,
Metro Manila; (3) Local Civil Registrar of Pasay City,
Metro Manila; (4) Office of the Prosecutor – Pasay City and
Office of the Clerk of Court, as well as be sent to the last
known address of the Private Respondent Yoshiaki Konta.

2) After such notice, publication and hearing, judgment be

rendered:

a. Declaring Petitioner Lalain Chan Ablen, as having been

validly divorced by her former Japanese husband Yoshiaki
Konta on August 11, 2010, and therefore, as such, is
capacitated to remarry under paragraph 2, Article 26, of the
Family Code. This in view of the divorce obtained in Japan
by her Japanese husband, Yoshiaki Konta, thereby
terminating their matrimonial relationship or dissolving their
marriage solemnized on February 4, 2008; and

b. Directing as a consequence thereof, the Public Respondents,

Local Civil Registrar of Pasay City, Metro Manila and
Administrator and Civil Registrar General Philippine
Statistics Office, to accept for filing, recording and
annotation, the abovementioned judgment recognizing her
foreign divorce under the provisions of paragraph 2, Article
26 of the Family Code, on the corresponding certificate of
marriage of Yoshiaki Konta and Lalaine Chan Ablen on file
with the said offices.

3) Allowing the Petitioner to use her maiden name Lalaine Chan

Ablen;

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 4) Other reliefs and remedies, as may be just and equitable under
the premises, are likewise prayed for.

Respectfully submitted.

Pasay City, 6 March 2018.

PUBLIC ATTORNEY’S OFFICE

Counsel for Petitioner
Room 401, 4th Floor, Hall of Justice
Pasay City

By:

ATTY. KAREN J. DEL ROSARIO

Public Attorney II
Roll No. 53994
IBP No. 09685 (Lifetime); PPLM 01/19/11
MCLE Compliance No. V-001-7746 issued on 04/06/16

RODWIL L. LAMAC
Public Attorney II
Roll No. 63098
IBP Lifetime Receipt No. 1047464; Marinduque
MCLE Compliance No. VI - 0005804

VERIFICATION AND CERTIFICATION

I, LALAINE CHAN ABLEN, Filipino, of legal age, with residence
address Blk. 18, Lot 1, Purok 3, Upper Bicutan, Taguig City , after being duly sworn
in accordance with law, hereby depose and state:

1. That I am the Petitioner in the above-mentioned case;

2. That I have caused the preparation of the foregoing Petition;

3. That the allegations contained therein are true and correct based on
my personal knowledge based on authentic records and documents
at hand;

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 4. That I have not therefore commenced any action or proceeding
involving the same issues in the Supreme Court, Court of Appeals,
or different divisions thereof, or any other court, tribunal or
agency.

5. If I should thereafter learn that a similar action or proceeding is

pending before the Supreme Court, Court of Appeals, or different
divisions thereof, or any other court, tribunal or agency, I
undertake to promptly inform this Honorable Court and other
above-mentioned courts, tribunal or agency within five [5] days
therefrom.

IN WITNESS WHEREOF, I have hereunto set may hand this ___

day of ________ 2018 at the ________.

LALAINE CHAN ABLEN

Affiant

SUBSCRIBED AND SWORN to before me this _____ day of

__________ 2018 in _____________, affiant exhibiting to me _________
issued on ____________ at ________________.

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2018.

Copy furnished:

OFFICE OF THE LOCAL CIVIL REGISTRAR OF PASAY CITY

Pasay City Hall,
F.B. Harrison St., Pasay City

PHLIPPINE STATISTICS AUTHORITY

(Former National Statistics Office/NSO)
Solicarel Building I, Ramon Magsaysay Boulevard
Sta. Mesa, Manila

Office of the Solicitor General

134 Amorsolo Street
Legaspi Village, Makati City

Office of the City Prosecutor

Pasay City
Ground Flr., Hall of Justice
8
F.B. Harrison St., Pasay City

Yoshiaki Konta
Blk. 18, Lot 1, Purok 3, Upper Bicutan,
Taguig City