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TitlePetition for Correction
TagsJudgment (Law) Divorce Decree Summons Social Institutions
File Size141.6 KB
Total Pages6
Document Text Contents
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Office with office address at Ground Floor, Solicarel 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 Cebu City Civil Registrar is represented by
Louise Salugon, of legal age, married and with office address
at the Cebu City Civil Registrar, Ground Floor, Cebu City
Health Building, Gen. Maxilom Ave. Extension, Cebu City.
The said office is included as an indispensable party
respondent of the instant case;

5. Petitioner and private respondent got married on August 15,
1998 at Cebu City. Attached is a copy of the Certificate of
Marriage marked as Annex “A”;

6. However, the marriage was marred by frequent quarrels and
recurring arguments and it was difficult for them to reconcile
their differences;

7. Petitioner filed for divorce at the Superior Court of Ontario,
Canada and on September 5, 2012, Judge Superior Court of
Ontario, Canada Hon. Judge Logan Sanders issued a Final
Judgment of Divorce. Attached is a copy of the Final
Judgment of Divorce marked as Annex “B”;

8. In order for the petitioner to be able to remarry here in the
Philippines, petitioner herein files this instant Petition before
this Regional Trial Court as the corresponding civil registry
involved is located in this City, praying for the cancellation of
the entry in the civil register with respect to the previous
marriage and the annotation of the divorce decree in their
marriage certificate pursuant to Rule 108 of the Rules of
Court and the procedures laid out by the Supreme Court
in Gerbert R. Corpuz v. Daisylyn Tirol Sto. Tomas et. al.
(G.R. No. 186571, August 11, 2010).

9. As stated in Paragraph 7, the petitioner was able to obtain a
Final Judgment of Divorce recapacitating him to marry again.

10. Ontario is a Canadian territory and the Canadian Federal
Divorce Act allows divorce. Attached as Annex “C” is Title
19 Personal Relations provisions of the law;

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11. The divorce decree secured by petitioner conforms to the
Canadian Federal Divorce Act.

12. Lastly, the petitioner has 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 recognized in Gerbert R.
Corpuz v. Daisylyn Tirol Sto. Tomas et. al. (ibid.). In
Corpuz, the Supreme Court explained that 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 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 of fact or law.

WHEREFORE, with the above premises considered, it is
respectfully prayed for that the divorce decree obtained by petitioner
be judicially recognized and that upon enforcing such foreign
judgment, an order be issued directing the public respondent Civil
Registrar General and the Cebu City Registrar to annotate the
divorce decree in their marriage certificate and to change/correct the
entry in the Civil Registry with regard to his marriage.

Other reliefs and remedies are likewise prayed for.

Cebu City, Philippines, March 8, 2016.


SERVACIO AND ASSOCIATES LAW OFFICE

Counsels for Petitioner
21-F Don Pedro Rodriguez St.,

Capitol Site, Cebu City, Philippines
Tel. No. (032) 253-1001

By:

ATTY. RHELAND SERVACIO
MCLE Compliance No. IV-0007402

Roll No. 54798
PTR No. 10147955, Jan. 3, 2016, Cebu Province

IBP No. 872164, Jan. 3, 2009
Cebu City

Tel. No. (032) 253-1001

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