REPUBLIC OF THE PHILIPPINES __________ JUDICIAL REGION REGIONAL TRIAL COURT BRANCH ___ ___________________
IN THE MATTER OF: PETITION FOR RECOGNITION OF FOREIGN JUDGMENT (DIVORCE) OF Special Proceeding No. _________ MEDUSA A. BOLTAGON, Petitioner.
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VERSUS –
THE REGISTRAR GENERAL AND THE CIVIL REGISTRY OF MANILA Respondents. x--------------------------------------------x
PETITION [for Recognition of Foreign Judgment – Divorce]
Petitioner, by undersigned counsel and before the Honorable Court, respectfully states the following: 1. The Petitioner is of legal age, Filipino, and a resident of Attilan, Manila. Petitioner may be served with pleadings and the orders and processes of the Honorable Court at the address of her counsel.
2. The Respondent Civil Registrar General – Philippine Statistics Authority (PSA) is impleaded as a nominal party, being the officer charged with the registration of acts, events and judicial decrees and decisions concerning the civil status of persons. 2.1 The Civil Registrar General-PSA may be served with summons, orders and processes of the Honorable Court at 3/F Vibal Bldg, Times Street cor. EDSA, West Triangle, Quezon City. 2.2 The Civil Registrar of Manila is the repository of all civil records in Tarlac City where it may be served with summons, orders and processes of the Honorable Court at the City Government of Manila, Manila City Hall. 3. The Petitioner Medusa Amaquelin Boltagon and Blackagar Boltagon, a Japanese national, were married on April 21, 2006 in Manila as evidenced by their Certificate of Marriage attached as ANNEX A and made an integral part of this Petition. “
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4. The marriage, celebrated in Manila, Republic of the Philippines, is likewise valid under Japanese law. 5. At the time of marriage, the Petitioner was, and remains a Filipino citizen while Boltagon, was and remains a Japanese national. 6. Due to serious problems plaguing their marriage, Boltagon filed for divorce against the Petitioner in Japan. The Petitioner was left without a choice but to agree to the divorce. 7. Boltagon and the Petitioner were then divorced on 12 June 2007 in accordance with Japanese law. 7.1 The authenticated Report of Divorce and its English translation are attached as ANNEX B and series. “
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7.2 The authenticated Family Register and its English translation are attached as ANNEX C and series. “
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8. The divorce under Japanese law capacitates Boltagon, a Japanese citizen, to remarry. 9. Likewise, Article 26 of the Family Code allows the Filipino citizen who has been divorced by his/her foreign spouse (capacitating the foreign spouse to remarry) to remarry as well, to wit: “Art. 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), 3637 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 capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.” 10. In view of the above, the Petitioner seeks recognition of her divorce decree in order to be capacitated to remarry.
PRAYER
WHEREFORE, premises considered, the Petitioner respectfully requests the Honorable Court to render judgment: 1. Recognizing the divorce of BLACKAGAR BOLTAGON and MEDUSA AMAQUELIN BOLTAGON on 12 June 2007 in Japan as valid. 2. Declaring the marital bond between the parties severed as a result thereof and declaring that the Petitioner is capacitated to remarry. 3. Ordering the Civil Registrar General – Philippine Statistics Authority and the local Civil Registrar of Manila to annotate the divorce decree on the Certificate of Marriage of the parties. 4. Ordering the local civil registrar to register and record the judgment (recognizing the divorce) of the Honorable Court on this Petition.
5. Ordering the Petitioner to revert to her maiden surname prior to marriage. The Petitioner also plays for other reliefs, just and equitable under the premises. Done this 08 November 2018, at Tarlac City, Tarlac.
By:
MATTHEW MURDOCK MERCADO Roll of Attorneys No. 12345 PTR No. 12345-01/05/18-Manila IBP No. 12345-01/05/18-Manila Chapter MCLE Compliance No. VI-0023456 01/08/18
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, MEDUSA AMAQUELIN BOLTAGON, married, of legal age, Filipino, with address at No. 1234 Flerida St. Brgy. Balagtas, Manila, after having been duly sworn in accordance with law, hereby depose and state that: (1) I am the Petitioner in the above-captioned case; (2) I caused the preparation of the above Petition; (3) I read the same and the allegations contained therein are true and correct of my own personal knowledge and belief, and/or based on the records or documents in my possession; (4) I certify that there is no other case pending before any court, tribunal or agency involving the same parties and the same issue and that,
should I learn of such a case, I shall notify the Court within five (5) days from notice. IN WITNESS WHEREOF, I have hereunto affixed my signature this ___ day of November, 2018 at Tarlac City, Tarlac.
MEDUSA A. BOLTAGON Affiant
Republic of the Philippines Manila, Metro Manila
) ) s.s.
SUBSCRIBED AND SWORN to before me this ____ day of __________, 2018 in Manila where Affiant personally appeared and exhibited to me her government issued __________ ID with ID no. ______________ issued at _________ on ____________ as competent proof of her identity.
Doc No. __________ Page No. _________ Book No. _________ Series of 2018.
