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VIII.

REPUBLIC OF THE PHILIPPINES


REGIONAL TRIA COURT
Branch 22
Manila

IN RE: PETITION FOR RECOGNITION OF VALIDLY


OBTAINED FOREIGN JUDGMENT (DECREE OF DIVORCE)

KAREN SMITH, represented by her Attorney-in Fact SP PROC. No. GG-


7789
GINA REYES,

-versus-

THE LOCAL CIVIL REGISTRAR OF STA. CLARA, TARLAC


AND THE CIVIL REGISTRAR GENERAL,
Respondents.

PETITION

Petitioner, by counsel in the above-entitled case and unto this Honorable Court,
respectfully avers:

1. That petitioner is of legal age, divorced, Filipino Citizen and Native of Tondo,
Manila, but presently residing at 44 Shirley Ave. West Chicago, Illinois, United
States, duly authenticated by the Philippine Embassy in Springfield, Illinois,
hereto attached as Annex “A-A1”;

2. That respondents are public officials in possession of the Certificate of Marriage


of petitioner and could be served with process of this Court at their given
addresses above stated;

3. That petitioner got married on February 14, 2004 to one Kevin Bell, an
American National in the Municipal Trial Court of Sta. Clara, Tarlac, copy of
their Certificate of Marriage is attached as Annex “B”, duly authenticated by the
Department of Foreign Affairs as Annex “B-1”;

4. That thereafter on November 4, 2007, petitioner's husband, Kevin Bell filed a


position for divorce in Illinois, copies of divorce documents are the following:

a. Report of Divorce duly authenticated by the Embassy of the


Philippines in Illinois is attached as Annex “C” to “C-2”; and

b. Family Registry of Kevin Bell also duly authenticated by the


Embassy of the Philippines in Springfield, Illinois, hereto attached as
Annex “D” to “D-3”;

5. That Kevin Bell is an American National during their marriage and was the one
who filed the pettion for divorce in Illinois, they did not beget any child nor
acquire a real or personal properties;

6. That under the Family Code, since the Divorce Decree was validly obtained
abroad and petitioner in that petition is a foreigner and capacitated the American
National to re-marry, petitioner (Karen Smith) shall likewise capacitated her to
Contract Marriage, being valied abroad shall also be valid herein the Philippines,
however, there is still a need for recognition of the same under Art. 26 of said
law, hence this petition;
7. That there is now a need of an order from this Honorable Court to direct the
respondents to annotate in the Certificate of Marriage of petitioner in their
possession to reflect the foreign judgment validly obtained as indicated above.

WHEREFORE, it is respectfully prayed unto this Honorable Court, that after due notice
of publication and hearing, judgment be rendered directing the respondents to make the
necessary annotation of the decision of this Court recognizing said foreign judgment.

Other reliefs are also prayed for.

Respectfully submitted.

Sta. Clara, Tarlac June 23, 2011.

BIJASA LAW OFFICES


Counsel for Petitioner
Sta. Quiteria, Caloocan

by:

(Sgd.) ATTY. DIANE BIJASA


PTR # 34567 – 1/5/2017-CALOOCAN
IBP #45678 – 11/2/2016 – CALOOCAN
MCLE Compliance Cert. No. 78919 1-
2-2017

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, the undersigned, of legal age, after having been duly sworn in accordance with law,
depose and state that:

1. I am the petitioner and Atty-in-fact in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein are true and correct of
my personal knowledge and/or on the basis of copies of documents and records in
my possession;

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 and belief, no such action or proceeding is pending


in the Supreme Court, the Court of Appeals, or any other tribunal or agency;

6. If I should thereafter 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 that fact within five (5) days therefrom to this
Honorable Court.

IN WITNESS WHEREOF, I have hereunto set my hand this 23 rd day of June, 2011 at Sta.
Clara, Tarlac.
(sgd.) GINA REYES
Petitioner/Atty-in-Fact
Passport No. DB12355

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for the city of
Caloocan this 23rd day of June 2011. Affiant personally came and presented to me her
Passport No. DB12355 issued on 2012 at POEA DFA Branch, as valid and competent proof of
her identity, known to me as the same person who personally signed the foregoing judicial
affidavit before me and avowed under penalty of law to the veracity of the contents of said
instrument.

(SGD) DIANE G. BIHASA


NOTARY PUBLIC
Doc. No. 111 Until December 31, 2018
Page No. 15 Sta. Quiteria Caloocan City
Book No. V PTR # 34567 – 1/5/2017-CALOOCAN
Series of 2017 IBP #45678 – 11/2/2016 – CALOOCAN
MCLE Compliance Cert. No. 78919 1-2-2017

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