Republic of the Philippines REGIONAL TRIAL COURT 7th Judicial Region RTC Branch No. _______ Cebu City In the Matter for the Correction/ Cancellation of Entry in the Civil Registry of Cebu as to the Marriage Status of David Williams. DAVID WILLIAMS, Petitioner, - versus -
Special Proceedings No. _______ For: Correction of Entry thru Judicial Recognition and/or Enforcement of a Foreign Judgment
Sarah Cruz, the Civil Registrar General, duly represented by Carmelita N. Ericta, and/or the Local Civil Registrar of Cebu City, The Solicitor General and the City Prosecutor of Cebu City, Defendants. x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - / PETITION COMES NOW, petitioner, through undersigned counsel, unto this Honorable Court, hereby alleges that: 1. Petitioner David Williams is a Canadian citizen, and a resident of Hipodromo, Cebu City where notices and summons can be served; 2. Respondent Sarah Cruz is a Filipino citizen, and a resident of Ramos St., Cebu City where summons, notices and court processes may be served; 3. Respondent Civil Registrar General of the National Statistics 1
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; 2
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 3
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, DAVID WILLIAMS, Canadian citizen, of legal age, resident of Hipodromo, Cebu City, after having been duly sworn in accordance with law, hereby depose and state that: 1. I am the petitioner in the above-stated case; 2. As a party to the case, I caused the preparation of the foregoing comment; 3. I have read and understood the contents of the comment and, to the best of my personal knowledge and based on authentic records, all the averments therein set forth are true and correct; 4. I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency; 5. To the best of my knowledge, no such other action or proceeding is pending in the Supreme Court, the Court of Appeals or any other tribunal or agency; 6. If I should hereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report such fact through the undersigned counsel, within five (5) days therefrom to the court or agency wherein the original pleading and sworn certification contemplated herein have been filed. IN WITNESS WHEREOF, I have hereunto affixed my signature this 8 day of March 2016, in Cebu City, Philippines. th
DAVID WILLIAMS Affiant SUBSCRIBED AND SWORN TO before me, this 8th day of March 2016, in Cebu City, Philippines, affiant, David Williams exhibiting to me his passport bearing passport number 1234-123 issued on April 3, 2015 at Montreal, Canada valid until April 3, 2020.
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EMMA REYES NOTARIAL COMMISSION NO. 020-29 NOTARY PUBLIC FOR CEBU CITY UNTIL DECEMBER 31, 2017 REYES & ASSOCIATES SUITE 128, 8th FLOOR, BDH BUILDING, DON MARIANO CUI STREET CAPITOL SITE, CEBU CITY 6000 MCLE COMPLIANCE NO. IV-0003530; FEB. 7, 2014; CEBU CITY PTR NO.2376112; CEBU CITY; JAN. 7; 2016 IBP LIFETIME NO.929229; CEBU CITY; JAN. 7. 2016 ROLL OF ATTORNEYS NO. 12456
Doc. No. 12 ; Page No. 45; Book No. 2; Series of 2016
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