Republic of the Philippines

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
_________ City
Branch ______

A,
Petitioner,

Spec. Pro. Case No. _____________

For Recognition of a Foreign
- versus - Decree of Divorce & Correction of
Entry Under Rule 108 of the Rules
of Court
B, THE CIVIL REGISTRAR GENERAL
DULY REPRESENTED BY THE LOCAL
CIVIL REGISTRAR OF CITY OF
MANILA.
Respondents.
x------------------------------------------------------x

PETITION FOR THE RECOGNITION OF A FOREIGN DECREE OF DIVORCE

PETITIONER, thru the undersigned counsel, unto this Honorable

Court, respectfully avers:

Parties to the Case

1. Petitioner A(“Petitioner”) is Filipino by birth, born in Angat, Bulacan1

and with Philippine domicile at 0852 Villarama Street, Norzagaray,
Bulacan. She is now an Australian National, and is currently residing
at 24 Blissington Street, Springvale, VIC Australia 3171;

2. Respondent B(“Respondent”) is a Filipino Citizen and whose last

known address in the Philippines is at MC 13, Unit 503 Pamayanang
Diego Silang, Brgy. Ususan, Taguig City, Philippines, 1630;

3. Public respondent Civil Registrar General is a government agency

with office address at 3/F Vibal Building, Times Street cor. EDSA,
West Triangle, Quezon City Philippines, where it may be served with
1
Copy of her Birth Certificate is attached as Annex “A” to form part hereof.
 summons and court processes. The agency is represented by its
Head, Claire Dennis S. Mapa, National Statistician and Civil Registrar
General, Philippine Statistic Authority. The said office is included as
an indispensable party respondent of the instant case;

4. Public respondent Local Civil Registrar of the City of Manila is a

government agency with office address at the Room 117 to 119, 1st
Floor, Manila City Hall, Mayor Antonio J. Villegas Road, Manila, 1000
Metro Manila. The said office is included as an indispensable party
respondent of the instant case

Statement of Ultimate Facts

5. Petitioner and Respondent got married on July 5, 2009 before the

solemnizing officer D, and the marriage was solemnized at
Flemington Racecourse, Flemington, Victoria, Australia. Attached is a
copy of the Certificate of Marriage marked as Annex “B” as
registered in Australia;

6. During their marriage, the private parties resided in Australia. In fact,

they never established a marital home in the Philippines.

7. At the time of the marriage, both parties were Filipino citizens.

Petitioner subsequently acquired Australian Citizenship on 23 May
2013, a copy of the Australian Certificate of Citizenship is attached
marked as Annex “C”;

8. During the marriage the parties never begot any child, and after a
while, the Respondent, without any reason, left their conjugal
dwelling and essentially abandoned Petitioner. Petitioner has not
heard from Respondent up to the present;

9. After acquiring her Australian Citizenship, Petitioner filed for divorce

with the Federal Circuit Court of Australia and on 2 October 2014, the
Federal Circuit Court issued a Divorce Order which subsequently took
effect on 3 November 2014, a copy of which is attached marked as
Annex “D”;

10. Being an Australian Citizen, Petitioner is allowed by her national law

to consummate another marriage after the finality of her divorce
decree rendering her first marriage without effect. Hence, on 08
October 2016, Petitioner married her present husband at Novotel,
Glen Waverly, Australia. The said marriage was registered on 16
 November 2016. A copy of the registration is attached marked as
Annex “E”.

11. Unfortunately, the marriage of the Petitioner and private

Respondent was belatedly reported to the Philippine Embassy in
Australia, and in fact the delayed registration of marriage is pending
to date. A copy of the filed application for late Registration of
Marriage before the Philippine Embassy in Australia is attached
marked as Annex “F”.

Cause of Action

12. Under the Family Law Act of 1975 of Australia (“Family Law Act of
1975”), divorce is allowed as a termination of marriage in that
country. Attached as Annex “G” is Part VI : Divorce and nullity of
marriage provisions of the said law.

13. Under Philippine Laws, aliens who obtained a divorce decree abroad
may petition the Philippine courts to recognize in the Philippines the
said divorce, provided that the divorce is valid according to their
national law;

14. The Divorce Order secured by Petitioner conforms to the Family Law
Act of 1975 of Australia;

15. While Petitioner is now an Australian Citizen, her present husband is

a Filipino Citizen. Hence, the need to register their marriage under
Philippine laws.

16. Unfortunately, since the decree of divorce of the first marriage of the
petitioner is still unrecognized in the country, her present marriage
cannot be validly registered under Philippine laws.

17. Thus, the present petition is filed, with all due respect.

Witnesses & Documentary Evidence

18. Pursuant to Sec. 6, Rule of the 2019 Rules on Civil Procedure, the
witnesses to be presented are:

a. C – This witness shall testify as follows:

 i. That he is the duly authorized representative of the
Petitioner;

ii. That he is authorized by the Petitioner to testify on her

behalf on all matters alleged in this Petition; and

iii. That he shall identify the following documentary evidence

already marked in this Petition and in his Judicial Affidavit:

1. The Philippine Birth Certificate of Petitioner as Annex

“A”;

2. the Certificate of Marriage of the Parties as Annex “B”;

3. Australian Certificate of Citizenship of the Petitioner as

Annex “C”;

4. Australian Federal Circuit Court Divorce Order which

took effect on 3 November 2014 as Annex “D”;

5. marriage registration dated 16 November 2016 between

Petitioner and the new Filipino Husband as Annex “E”;

6. application for late Registration of Marriage before the

Philippine Embassy in Australia as Annex “F”;

7. the Part VI : Divorce and nullity of marriage provisions of

the Family Law Act of 1975 of Australia as Annex “G”;
and

8. the Judicial Affidavit of the witness C as Annex “H”.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that:

1. the foreign divorce obtained by Petitioner against the private

respondent be judicially recognized;

2. an order be issued directing the public respondent Civil Registrar

General and the Taguig City Registrar to annotate the
divorce/dissolution status in the private parties’ marriage
certificate, and the civil registry record of herein petitioner be
 updated to reflect the decree of divorce obtained by her in
Australia, with all due respect.

Petitioner prays for such other relief and remedies that are just and
reasonable under the premises.

RESPECTFULLY SUBMITTED.

Quezon City, for Taguig City, Metro Manila, Philippines : ______

September 2020.

X
Counsel for the Petitioner

For the Firm:

Y
Roll of Attorneys No. 10101010
IBP Lifetime No. 232323/10 Jan 2017/Quezon City
MCLE Compliance No. VI–4545454/Until 14 April 2022
PTR No. 6767676-C/06 Jan 2020/Quezon City
 VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, A, Australian, of legal age and with address c/o X at

_________________, Quezon City, Metro Manila, Philippines, , subscribing
under oath, hereby deposes and states that:

I am the petitioner of the present case, and I have read the petition
and the allegations therein are all true and correct of my own personal
knowledge and/or based on authentic records.

I certify that:
a. I have not theretofore commenced any action or filed any
complaint/petition involving the same issue in any court, tribunal or
quasi-judicial agency and;
b. To the best of my knowledge, no such other action or claim or
petition is pending therein;
c. If I should learn that there is such other pending action or claim or
petition, I undertake to make a complete statement of the present
status thereof;
d. If I should thereafter learn that the same or similar action or
proceeding has been filed or is pending before in any court, tribunal
or quasi-judicial agency, I shall report that fact within five (5) days
therefrom to the honorable court wherein this complaint or initiatory
pleading is filed;
e. The pleading is not filed to harass, cause unnecessary delay, or
needlessly increase the cost of litigation; and
f. The factual allegations therein have evidentiary support or, if
specifically so identified, will likewise have evidentiary support
after a reasonable opportunity for discovery.

A
Affiant

SUBSCRIBED AND SWORN to before me this _____ day of

____________ 2020 at _________________, Australia. Affiant exhibited to
me her Passport with Passport No. _____________________ as her
competent evidence of Identity that bears her picture.

Doc. No. ___;

Page No. ___;
Book No. ___;
Series of 2020.