4/6/2021 E-Library - Information At Your Fingertips: Printer Friendly 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 2/10

Select target paragraph3