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742 PHIL. 37
FIRST DIVISION
[ G.R. No. 195432, August 27, 2014 ]
EDELINA T. ANDO, PETITIONER, VS. DEPARTMENT OF FOREIGN
AFFAIRS, RESPONDENT.
DECISION
SERENO, C.J.:
This is a Petition for Review under Rule 45 of the Rules of Court, seeking the
nullification of the Orders dated 14 January and 8 February 2011 issued by the Regional
Trial Court (RTC), Third Judicial Region, Branch 45,[1] City of San Fernando, Pampanga,
in Civil Case No. 137, which dismissed the Petition for Declaratory Relief filed therein.
STATEMENT OF THE FACTS AND OF THE CASE
The pertinent facts of the case, as alleged by petitioner, are as follows:
3. On 16 September 2001, petitioner married Yuichiro Kobayashi, a
Japanese National, in a civil wedding solemnized at Candaba, Pampanga. A
copy of their Certificate of Marriage is hereto attached as Annex ‘A’ and
made an integral part hereof.
4. On 16 September 2004, Yuichiro Kobayashi sought in Japan, and was
validly granted under Japanese laws, a divorce in respect of his marriage
with petitioner. A copy of the Divorce Certificate duly issued by the
Consulate-General of Japan and duly authenticated by the Department of
Foreign Affairs, Manila, is hereto as Annex ‘B’ and made an integral part
hereof.
5. Said Divorce Certificate was duly registered with the Office of the Civil
Registry of Manila. A copy of the Certification dated 28 October 2005 is
hereto attached as Annex ‘C’ and made an integral part hereof.
6. Believing in good faith that said divorce capacitated her to remarry and
that by such she reverted to her single status, petitioner married Masatomi
Y. Ando on 13 September 2005 in a civil wedding celebrated in Sta. Ana,
Pampanga. A copy of their Certificate of Marriage is hereto attached as
Annex ‘D’ and made an integral part hereof.
7. In the meantime, Yuichiro Kobayashi married Ryo Miken on 27 December
2005. A copy of the Japanese Family Registry Record of Kobayashi showing
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