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FIRST DIVISION
[ G.R. No. 243722 (Formerly UDK-16060), January
22, 2020 ]
CYNTHIA A. GALAPON, PETITIONER, VS. REPUBLIC OF THE
PHILIPPINES, RESPONDENT.
DECISION
CAGUIOA, J:
The Case
This is a petition for review on certiorari[1] (Petition) filed under Rule 45 of the Rules of
Court against the Decision[2] dated February 27, 2017 (assailed Decision) and
Resolution[3] dated September 29, 2017 (assailed Resolution) in CA-G.R. CV No.
106950, rendered by the Court of Appeals (CA), Eleventh Division and Former Eleventh
Division, respectively.
The assailed Decision and Resolution reversed the Decision[4] dated July 3, 2015 issued
by the Regional Trial Court (RTC) of Sto. Domingo, Nueva Ecija, Branch 88 in Special
Proceedings No. SD(14)-417, which recognized the foreign divorce decree obtained by
Cynthia A. Galapon (Cynthia) and her spouse Noh Shik Park (Park), a Korean national.
The Facts
The antecedents, as narrated by the CA, are as follows:
[Cynthia], a Filipina, and [Park], a South Korean national, got married in the
City of Manila, Philippines on [February 27, 2012]. Unfortunately, their
relationship turned sour and ended with a divorce by mutual agreement in
South Korea. After the divorce was confirmed on [July 16, 2012] by the
Cheongju Local Court, [Cynthia] filed before the [RTC] a Petition for the
Judicial Recognition of a Foreign Divorce [(Recognition Petition)].
The [RTC], finding the [Recognition] Petition sufficient in form and
substance, issued an Order dated [November 11, 2014] setting the case for
hearing. The said Order was then published once a week for three (3)
consecutive weeks in The Daily Tribune. Meanwhile, the Office of [the]
Solicitor General [(OSG)] filed a Notice of Appearance as counsel for the
Republic of the Philippines. The Office of the Provincial Prosecutor of Baloc,
Sto. Domingo, Nueva Ecija was also deputized to assist the OSG.
During the presentation of evidence, Abigail Galapon [(Abigail)], [Cynthia's]
sister and attorney-in-fact, testified in court. Abigail identified and affirmed
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