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REPUBLIC OF THE PHILIPPINES


FOURTH JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH 1
BULAWAGAN NG KATARUNGAN
PALLOCAN WEST
BATANGAS CITY
IN THE MATTER OF THE PETITION FOR
THE JUDICIAL RECOGNITION OF A
DECREE OF DIVIRCE OBTAINED ABROAD
OWEN OMIPON,
Petitioner,
- Versus -

SPEC. PROC. No.

129722
JONALYN CALVARIO CUSI and
THE LOCAL CIVIL REGISTRAR OF
SAN PASCUAL, BATANGAS,
Respondents.
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MEMORANDUM
(Of Authorities)
WITH MOTION TO SET THE CASE
FOR SUMMARY PROCEDURE
COMES NOW, the Petitioner, in the above-entitled case, most
respectfully submits this Memorandum of Authorities and in support
thereof, most respectfully avers:
AUTHORITIES RE:
PROCEEDINGS ON JUDICIAL RECOGNITION OF
A FOREIGN DECREE OF DIVORCE OBTAINED
ABROAD IS SUMMARY IN NATURE

1.

Although there is no legal prohibition

against obtaining a judicial confirmation of a


legal right, nevertheless, no law or rule
provides for the procedure by which such
confirmation may be obtained. x x x such
petition for confirmation of change of

civil status and/or to resume the use

of maiden name must be given due course


and summarily granted as in fact it is a
right conferred by law.(HATIMA C. YASIN,
represented by her Attorney-in-Fact, HADJI HASAN
S. CENTI Vs. THE HONORABLE JUDGE SHARI'A
DISTRICT COURT THIRD SHARI'A JUDICIAL
DISTRICT DISTRICT, G.R. No. 94986 February 23,
1995)
2.

A petition for recognition of a


foreign
divorce
decree
is
not
specifically provided for under the
1997 Rules of Civil Procedure or by a
specific Supreme Court rule. (Legal
Updates, Familiblogspot.com).
Therefore,
between Regular Procedure and Summary
Procedure, the latter procedure must govern
the instant Case and/or the Petition pursuant to
the Constitutional Policy on simplified and
inexpensive procedure for the speedy
disposition of cases (Section 5, paragraph
[5], 1987 Constitution) and the Bill of Rights
which pertinently provides that All persons
shall
have
the
right
to
speedy
disposition of their cases before all
judicial,
quasi-judicial,
or
administrative
bodies. ;

AUTHORITIES RE:
THE FOREIGN DECREE OF DIVORCE OBTAINED
ABROAD OR IN CANADA BY PETITIONERE
IS VALID THERE AND THEREFORE VALID
IN THE PHILIPPINES

3.

Aliens may obtain divorces abroad, which


may be recognized in the Philippines, provided
they are valid according to their national law.
(FE D. QUITA Vs. COURT OF APPEALS and
BLANDINA DANDAN,
G.R. No. 124862
December 22, 1998) ;

4.

we had already ruled that under the


principles of comity, our jurisdiction recognizes
a valid divorce obtained by a spouse of foreign
nationality aliens may obtain divorces abroad,
which may be recognized in the Philippines,
provided they are valid according to their
national law. (MEROPE ENRIQUEZ VDA. DE
CATALAN Vs. LOUELLA A. CATALAN-LEE, G.
R. No. 183622,February 8, 2012; citing: Llorente
v. Court of Appeals 399 Phil. 342, 355-356
[2000]);

5.

aliens may obtain divorces abroad,


which may be recognized in the Philippines,
provided they are valid according to their
national law. (FE D. QUITA Vs. COURT OF
APPEALS and BLANDINA DANDAN , G.R. No.
124862, December 22, 1998) ;

6.

a foreign divorce and its legal effects


may be recognized in the Philippines insofar as
respondent is concerned in view of the
nationality principle in our civil law on the
status of persons. (WOLFGANG O. ROEHR Vs.
MARIA CARMEN D. RODRIGUEZ, HON. JUDGE
JOSEFINA
GUEVARA-SALONGA,
G.R.
No. 142820, June 20, 2003) ;

7.

Lex Nationalii- Citizenship is the basis for


determining the personal law applicable.
(Philippine_Laws, visited on November 28,
2012). Since petitioner and respondent were
both Canadian Citizens and/or Canadian
Nationals at the time the decree of divorce was
obtained, under the Lex Nationalii principle or
Nationality Theory, the personal law of a person
or the petitioner which includes his status and
legal capacity is governed by the place where
he is a citizen or his citizenship, thus, since the
status of the petitioner is a divorcee, he should
be deemed and considered a divorcee in the
Philippines;

8.

Under the rules of comity, utility and


convenience, nations have established a usage
among civilized states by which final
judgments of foreign courts of competent
jurisdiction are reciprocally respected and
rendered efficacious under certain conditions
that may vary in different countries.
(ST. AVIATION SERVICES CO., PTE., LTD. Vs.
GRAND INTERNATIONAL AIRWAYS, INC.,
GR. No. 140288,October 23, 2006; citing:
Mijares Vs. Ranada, G.R. No. 139325, April 12,
2005; PRISCILLA C. MIJARES, ET AL. Vs.
HON. SANTIAGO JAVIER RANADA, ET AL.
citing: Philippine Aluminum Wheels Vs. Fasgi
Enterprises, Inc., G.R. No. 137378, 12 October 2000;
Jovito R Salonga, Rex Bookstore, Manila, Philippines,
1995 Edition, p. 543) ;

9.

That in light of the authorities afore-cited, it is

imperative that the case be governed and be heard in a summary


proceedings and that the instant petition be granted.
P R A Y E R
WHEREFORE,

premises

considered,

it

is

most

respectfully prayed of this Honorable Court that:


a.

This Memorandum of Authorities with Motion to Set

the Case for Summary Procedure be given its due weight and
credence;
b.
City

The instant case be set for Summary Procedure.


of

Manila

October 22, 2012.

for

Pallocan

West,

Batangas

City,

ATTY. LEOPOLDO P. DELA ROSA


Counsel for the Petitioner
Suite 307 CCI Building
1091 Concepcion Street
Ermita, Manila
I.B.P. No. 837053 / Mla./11-23-2010
P.T. R. No. 0374554/Mla./1-10-2012
Roll No. 28195
MCLE Compliance No. III-0020278
March 15, 2011
NOTICE
OFFICE OF THE SOLICITOR GENERAL
134 Amorsolo Street, Legaspi Village
Makati City
OFFICE OF THE PROVINCIAL PROSECUTOR
Batangas City
Greetings.
Please take notice that Undersigned will submit the foregoing Motion for
the kind consideration and approval of the Honorable Court on
__________________, 2012 at ______ AM.

ATTY. LEOPOLDO P. DELA ROSA


E X P L A N A T I O N
This is to certify as an Officer of the Court that a copy of this MEMORANDUM
with MOTION was served, not by personal service but by registered mail as hereinbelow indicated by reason of time, distance, lack of manpower and urgency.

ATTY. LEOPOLDO P. DELA ROSA

Copy furnished :

OFFICE OF THE SOLICITOR GENERAL


134 Amorsolo Street, Legaspi Village
Makati City
OFFICE OF THE PROVINCIAL PROSECUTOR
Batangas City