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REPUBLIC OF THE PHILIPPINES

__________ JUDICIAL REGION


REGIONAL TRIAL COURT
BRANCH ___
___________________

IN THE MATTER OF:


PETITION FOR RECOGNITION
OF FOREIGN JUDGMENT
(DIVORCE) OF
Special Proceeding No. _________
MEDUSA A. BOLTAGON,

Petitioner.

- VERSUS –

THE REGISTRAR GENERAL


AND THE CIVIL REGISTRY
OF MANILA

Respondents.

x---------------------------------------------
x

PETITION
[for Recognition of Foreign Judgment – Divorce]

Petitioner, by undersigned counsel and before the Honorable Court,


respectfully states the following:

1. The Petitioner is of legal age, Filipino, and a resident of Attilan,


Manila. Petitioner may be served with pleadings and the orders
and processes of the Honorable Court at the address of her
counsel.
2. The Respondent Civil Registrar General – Philippine Statistics
Authority (PSA) is impleaded as a nominal party, being the officer
charged with the registration of acts, events and judicial decrees
and decisions concerning the civil status of persons.

2.1 The Civil Registrar General-PSA may be served with


summons, orders and processes of the Honorable Court at 3/F
Vibal Bldg, Times Street cor. EDSA, West Triangle, Quezon
City.

2.2 The Civil Registrar of Manila is the repository of all civil


records in Tarlac City where it may be served with summons,
orders and processes of the Honorable Court at the City
Government of Manila, Manila City Hall.

3. The Petitioner Medusa Amaquelin Boltagon and Blackagar


Boltagon, a Japanese national, were married on April 21, 2006 in
Manila as evidenced by their Certificate of Marriage attached as
ANNEX “A” and made an integral part of this Petition.

4. The marriage, celebrated in Manila, Republic of the Philippines, is


likewise valid under Japanese law.

5. At the time of marriage, the Petitioner was, and remains a Filipino


citizen while Boltagon, was and remains a Japanese national.

6. Due to serious problems plaguing their marriage, Boltagon filed


for divorce against the Petitioner in Japan. The Petitioner was left
without a choice but to agree to the divorce.

7. Boltagon and the Petitioner were then divorced on 12 June 2007 in


accordance with Japanese law.

7.1 The authenticated Report of Divorce and its English translation


are attached as ANNEX “B” and series.

7.2 The authenticated Family Register and its English translation


are attached as ANNEX “C” and series.
8. The divorce under Japanese law capacitates Boltagon, a Japanese
citizen, to remarry.

9. Likewise, Article 26 of the Family Code allows the Filipino citizen


who has been divorced by his/her foreign spouse (capacitating the
foreign spouse to remarry) to remarry as well, to wit:

“Art. 26. All marriages solemnized outside the


Philippines, in accordance with the laws in force in
the country where they were solemnized, and valid
there as such, shall also be valid in this country,
except those prohibited under Articles 35 (1), (4), (5)
and (6), 3637 and 38.

Where a marriage between a Filipino citizen and a


foreigner is validly celebrated and a divorce is
thereafter validly obtained abroad by the alien
spouse capacitating him or her to remarry, the
Filipino spouse shall have capacity to remarry under
Philippine law.”

10. In view of the above, the Petitioner seeks recognition of her


divorce decree in order to be capacitated to remarry.

PRAYER

WHEREFORE, premises considered, the Petitioner respectfully


requests the Honorable Court to render judgment:

1. Recognizing the divorce of BLACKAGAR BOLTAGON and


MEDUSA AMAQUELIN BOLTAGON on 12 June 2007 in Japan as
valid.
2. Declaring the marital bond between the parties severed as a result
thereof and declaring that the Petitioner is capacitated to remarry.
3. Ordering the Civil Registrar General – Philippine Statistics Authority
and the local Civil Registrar of Manila to annotate the divorce decree
on the Certificate of Marriage of the parties.
4. Ordering the local civil registrar to register and record the judgment
(recognizing the divorce) of the Honorable Court on this Petition.
5. Ordering the Petitioner to revert to her maiden surname prior to
marriage.

The Petitioner also plays for other reliefs, just and equitable under the
premises.

Done this 08 November 2018, at Tarlac City, Tarlac.

By:

MATTHEW MURDOCK MERCADO


Roll of Attorneys No. 12345
PTR No. 12345-01/05/18-Manila
IBP No. 12345-01/05/18-Manila Chapter
MCLE Compliance No. VI-0023456 01/08/18

VERIFICATION
AND CERTIFICATION AGAINST FORUM SHOPPING

I, MEDUSA AMAQUELIN BOLTAGON, married, of legal age,


Filipino, with address at No. 1234 Flerida St. Brgy. Balagtas, Manila, after
having been duly sworn in accordance with law, hereby depose and state
that:
(1) I am the Petitioner in the above-captioned case;
(2) I caused the preparation of the above Petition;
(3) I read the same and the allegations contained therein are true and
correct of my own personal knowledge and belief, and/or based on the
records or documents in my possession;
(4) I certify that there is no other case pending before any court,
tribunal or agency involving the same parties and the same issue and that,
should I learn of such a case, I shall notify the Court within five (5) days
from notice.

IN WITNESS WHEREOF, I have hereunto affixed my signature this


___ day of November, 2018 at Tarlac City, Tarlac.

MEDUSA A. BOLTAGON
Affiant

Republic of the Philippines )


Manila, Metro Manila ) s.s.

SUBSCRIBED AND SWORN to before me this ____ day of __________, 2018


in Manila where Affiant personally appeared and exhibited to me her
government issued __________ ID with ID no. ______________ issued at
_________ on ____________ as competent proof of her identity.

Doc No. __________


Page No. _________
Book No. _________
Series of 2018.