4/6/2021
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her Judicial Affidavit, including the contents thereof and her signature
thereon. Furthermore, Abigail averred that [Cynthia] could not personally
testify because the latter's Korean visa expired upon her divorce with Park.
Nevertheless, Abigail [alleged that she] has personal knowledge of the facts
alleged in the [Recognition] Petition and claimed, among other things, that
Park intended to many his former girlfriend [and that Cynthia] was forced to
agree to the divorce because Park made a threat to her life x x x.[5]
RTC Ruling
On July 3, 2015, the RTC issued a Decision[6] granting the Recognition Petition. The
dispositive portion of said Decision reads:
IN VIEW OF THE FOREGOING, the [Recognition Petition] is hereby
GRANTED and the Divorce Decree obtained in Seoul, Korea between
[Cynthia] and [Park] on [July 16, 2012] is hereby RECOGNIZED. The Civil
Registrar General and [the] Office of the Manila Civil Registrar are hereby
DIRECTED to RECORD the said divorce decrees (sic) upon presentation of a
duly authenticated copy thereof and payment of appropriate fees, if any.
[Cynthia] is now legally capacitated to remarry under Philippine Laws
pursuant to [Article] 26, [Paragraph] 2 of the Family Code of the Philippines.
Let a copy of this Decision be furnished the Office of the Solicitor General,
the Provincial Prosecutor of Nueva Ecija, the Office of the Civil Registrar
General-National Statistics Office, the Office of the Civil Registrar of the City
of Manila and the Embassy of the Philippines in Seoul, Korea through the
Department of Foreign Affairs.
SO ORDERED.[7]
The OSG filed a Motion for Reconsideration. The arguments therein, as summarized by
the RTC, are as follows:
1. The [Recognition Petition] should [have been] filed in the RTC of Manila because
the marriage was celebrated and was recorded in the City Civil Registry of Manila.
Citing the case of Fujiki vs. Marinay[8] x x x, the (OSG] argued that [the
recognition] of foreign divorce judgments may be made in a special proceeding
for cancellation or correction of entries in the civil registry under Rule 108 of the
Rules of Court. Thus, the venue of such proceedings is laid on the appropriate RTC
where the civil registry is located;
2. Absolute divorce is not allowed in this jurisdiction. Considering that the divorce x
x x was obtained not by the alien spouse alone but by both spouses, x x x
[Cynthia] is not qualified to avail of the benefits provided by [Article] 26 of the
Family Code.[9] (Italics supplied)
The Motion for Reconsideration was denied by the RTC through its Resolution[10] dated
March 17, 2016.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65987
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