Republic of the Philippines

REGIONAL TRIAL COURT

Fifth Judicial Region
Branch ______
Legazpi City

IN RE: PETITION FOR

JUDICIAL RECOGNITION OF
DIVORCE BETWEEN
PHOEBE XXXXXX AND
RANIEL B. XXXXXX and FOR
THE CANCELLATION OF
THE ENTRY OF MARRIAGE
IN THE LOCAL CIVIL
REGISTRY,
SPECIAL PROCEEDING NO.
__________
PHOEBE XXXXXX,
FOR: PETITION FOR
Petitioner, REGISTRATION AND/OR
RECOGNITION OF FOREIGN
- VERSUS - DIVORCE DECREE AND
CANCELLATION OF ENTRY OF
THE REGISTRAR GENERAL, MARRIAGE THAT WAS FILED AS
WELL AS DECLARATION OF
THE CIVIL REGISTRY OF CAPACITY TO REMARRY UNDER
GUINOBATAN, RANIEL RULE 108 OF THE RULES OF COURT,
XXXXXX AND ALL PERSONS IN RELATION TO ARTICLE 26 OF
WHO HAVE CLAIM OR ANY
INTEREST,
Respondents.
X===========================X

PETITION
PETITIONER, through counsel, and unto this Honorable Court, most
respectfully avers:

THE PARTIES
1. That Petitioner Phoebe XXXXXX is of legal age, divorced, a citizen
of Sweden, with residence and postal address at Purok 1, Mariroc, Tabaco City,
where court notices and processes could be served;

2. The Respondents Municipal Civil Registrar’s Office of

Guinobatan, Albay and the Civil Registrar General – Philippine Statistics
Authority (PSA) are impleaded as nominal parties, being the offices charged with
the registration of acts, events and judicial decrees and decisions concerning the
civil status of persons.
PETITION FOR JUDICIAL RECOGNITION OF FOREIGN DIVORCE 2

3. Respondent Municipal Civil Registrar’s Office of Guinobatan,

Albay, is the repository of all civil records in Guinobatan, Albay where it may be
served with summons, orders and processes of the Honorable Court at the
Municipal Hall of Guinobatan, Albay.

4. Respondent 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.

5. Respondent RANIEL XXXXXX, is of legal age, married,

Filipino citizen and a resident of Barangay Iraya, Poblacion, Guinobatan,
Albay, where court notices and processes could be served.

6. That all of the herein parties have the capacities to sue and be
sued.

JURISDICTION AND VENUE

7. Under OCA CIRCULAR NO. 106-2019 (Subject: Approved

Resolution No. 01-2016 of the Committee on Family Courts and Juvenile
Concerns Entitled “Proposing Guidelines to Address Issues Affecting Family
Courts Arising From the 2015 First National Summit For Family Court
Judges” Relative to the Cases Filed With the Family Courts Which Should
Instead Be Filed With Regular Trial Courts for Trial and Adjudication, it
provides that:

“I. CIVIL CASES

A. RECOGNITION OF FOREIGN JUDGMENT, ORDER OR DECREE OF

DIVORCE

Pursuant to Rule 39, Section 48 of the Rules of Court, on

“Effect of foreign judgments or final orders”, the Regional Trial
Courts shall hear and decide all petitions for Recognition of Foreign
Judgment, Order or Decree of Divorce, regardless of any prayer by the
petitioner for a court declaration of his/her capacity to remarry under
Article 26, paragraph 2 of the Family Code.

xxx xxx xxx”

[Emphasis supplied]

8. In addition, under Section 1, Rule 108 of the Revised Rules of Court, it

provides that:

“Sec. 1. Who may file petition. - Any person interested in

any act, event, order or decree concerning the civil status of
persons which has been recorded in the civil register, may file a
verified petition for the cancellation or correction of any entry
relating thereto, with the Court of First Instance of the province
where the corresponding civil registry is located.”
PETITION FOR JUDICIAL RECOGNITION OF FOREIGN DIVORCE 3

[Emphasis supplied]

9. Moreover, under A.M. No. 88-6-1537-RTC. – Re: Proposed

redefinition of the territorial jurisdictions of the Regional Trial Courts of Legaspi
City and Ligao, Albay, it provides that:

“xxx Acting on the memorandum submitted by the Office of the

Court Administrator, dated September 5, 1988, the Court Resolved to
(a) RE-DEFINE the territorial jurisdictions of the Regional Trial
Courts of Legaspi City and Ligao, Albay, to read as follows:

(1) Branches 1 to X, inclusive, with seats at Legaspi City. –

comprising Legaspi City and the Municipalities of
Camalig, Daraga, Guinobatan, Jovellar, Maneto,
Rapu-Rapu and Sto. Domingo;

xxx xxx xxx”

10. Hence, the filing of this petition before the Regional Trial Court of
Legazpi is proper considering that the civil entry of the marriage in question was
registered in the Municipal Civil Registrar’s Office of Guinobatan, Albay, the
jurisdiction of which is within the Regional Trial Court of Legazpi City.

STATEMENT OF FACTS
11. Petitioner Phoebe XXXXXX and respondent Raniel XXXXXX
were validly married on February 18, 2008 in Guinobatan, Albay as evidenced
by their Certificate of Marriage.

Hereto attached is a copy of a contract of marriage,

marked as Annex “A” and made an integral part of this
petition.

12. The marriage, celebrated in Guinobatan, Albay, Republic of the

Philippines, is likewise valid under Swedish Law.

13. Petitioner and Raniel XXXXXX were blessed with one child
named Aaliyah Chloe XXXXXX who was born on April 26, 2008.

Hereto attached is a copy of the birth certificate of

Aaliyah Chloe XXXXXX, marked as Annex “B” and
made an integral part of this petition.

14. At the time of marriage, the Petitioner was a Filipino citizen while
Raniel XXXXXX was and remains a Filipino citizen. On October 11, 2021,
Petitioner was naturalized as a citizen of Sweden.

Hereto attached is a copy of the passport and population

registry, marked as Annex “C” and “D”, respectively, and
made an integral part of this petition.
PETITION FOR JUDICIAL RECOGNITION OF FOREIGN DIVORCE 4

15. Due to the parties’ years of separation, they both decided to file a
joint application for divorce before the Attunda District Court of Sweden
during which petitioner was already a citizen of Sweden. Petitioner paid the
amount of 900 SEK as fee for the divorce application last December 30, 2021.
On January 5, 2022, the Attunda District Court through an email, confirmed
the processing of the joint application for divorce. Said application for divorce
was docketed as Case Number T 69-22.

Hereto attached is a copy of the email of the receipt for the

joint divorce application and a copy of the email sent to
petitioner by the Swedish Court System confirming the said
joint application for divorce marked as Annex “E” to “E-1”
respectively, and made an integral part of this petition.

16. Considering that Raniel XXXXXX and herein petitioner have

been living separately for more than two years already, their divorce was
granted accordingly last February 9, 2022, without a preceding period for
reconsideration. The Sweden Family Law provides that spouses who have
lived apart for at least two years are entitled to a divorce without a preceding
period for reconsideration.

Hereto attached is a copy of the Final Judgment issued by

the Attunda District Court, marked as Annex “F” and made
an integral part of this petition.

17. After the lapse of the period to appeal from the Judgment of
Divorce, petitioner, through an electronic mail, requested from the Attunda
District Court a signed and stamped copy of the said Final Judgment of
Divorce.

Hereto attached is a copy of the email sent to the Attunda

District Court dated March 3, 2022, marked as Annex “G”
and made an integral part hereof.

18. On March 11, 2022, petitioner finally received the copy of the original
Judgment of Divorce. On March 16, 2022, petitioner contacted James Hurst of
English Law Translations, an Authorized Public Translator of Sweden, to avail
their translation services for the translation of the signed and stamped copy of
the divorce judgment issued by the Attunda District Court.

Hereto attached is a copy of the exchange of emails

between petitioner and English Law Translations, marked as
Annex “H” and made an integral part of this petition.

19. On March 25, 2022, petitioner received the Certified Accurate

translation of the said Final Judgment of Divorce duly translated by James
Hurst, an authorised public translator in Sweden, and the same has been further
certified or notarized by Timothy Prellwitz.
PETITION FOR JUDICIAL RECOGNITION OF FOREIGN DIVORCE 5

Hereto attached is a copy of the Certified Accurate

translation of the said Final Judgment of Divorce duly
translated by James Hurst, certified by Timothy Prellwitz,
marked as Annex “I” and made an integral part of this
petition.

20. The Final Judgment of Divorce granted to Petitioner was based on

the Sweden Family Law, duly certified by Timothy Prellwitz to correspond
with the original document. To wit:

“Spouses who agreed on divorcing may obtain a

divorce immediately. However, a divorce must be preceded
by a period of at least six months for reconsideration if
either of the spouses permanently lives together with her or
his own child under the age of 16 who is in the custody of
that spouse. Even if the spouses do not have any children,
they are entitled to have a period for reconsideration if they
so request.

“In some cases, each of the spouses is entitled to a

divorce without a period for reconsideration, even if they
are not in agreement about the divorce and even if there
are children under the age of 16 who are still in the custody
of one spouse. This rule may be applied where the spouses
have already lived apart for at least two years.”

Hereto attached is the Certified Accurate translation of the

Sweden Family Law duly translated as certified by Timothy
Prellwitz, marked as Annex “J” and made an integral part of
this petition.

Also attached is a copy of the receipt for the apostille fee

issued by Timothy Prellwitz marked as Annex “K” and made
an integral part of this petition.

21. 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.
PETITION FOR JUDICIAL RECOGNITION OF FOREIGN DIVORCE 6

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.”

22. In view of the above circumstances, the Petitioner seeks

recognition of her divorce decree.

EVIDENCE
23. Pursuant to Section 6, Rule 7 of the 2019 Rules on Civil Procedure, as
amended, the Petitioner will present the following evidence, to wit:

I. TESTIMONIAL EVIDENCE

The following are the witnesses to be presented including the substance of

their testimony:

a. PHOEBE XXXXXX – To prove that herein parties were validly

married in Guinobatan, Albay and thereafter have jointly filed an
application for divorce before the Attunda District Court of Sweden
and that the same has been granted by a Final Judgment in accordance
with the Sweden Family Law.

II. DOCUMENTARY EVIDENCE

The following are the documentary evidence to be presented and their

purposes, to wit:

a. Annex “A” – Marriage Certificate;

Purpose: To prove that herein Petitioner was validly married to Raniel
XXXXXX.

b. Annex “B” -- birth certificate of Aaliyah Chloe Borlagdan XXXXXX

Purpose: To prove that herein Petitioner and Raniel XXXXXX were
blessed with a child during their marriage.

c. Annex “C” – Passport ID of Petitioner Phoebe XXXXXX

Purpose: To prove that Petitioner is a citizen of Sweden

d. Annex “D” – Population registry of Petitioner

Purpose: To prove that Petitioner is a citizen of Sweden

e. Annex “E” and “E-1” -- email of the receipt for the joint divorce
application and a copy of the email sent to petitioner by the Swedish
Court System confirming the said joint application for divorce
Purpose: To prove that the Swedish Court System confirmed the joint
divorce application filed by the petitioner.
PETITION FOR JUDICIAL RECOGNITION OF FOREIGN DIVORCE 7

f. Annex “F” -- Final Judgment issued by the Attunda District Court

Purpose: To prove that the joint application for the divorce was granted
by the Attunda District Court of Sweden in its judgment dated February
9, 2022.

g. Annex “G” -- email sent to the Attunda District Court dated March 3,
2022
Purpose: To prove that the petitioner requested from the Attunda
District Court a signed and stamped copy of the said Final
Judgment of Divorce

h. Annex “H”— copy of the exchange of emails between petitioner

and English Law Translations
Purpose: To prove that petitioner contacted James Hurst of English
Law Translations, an Authorized Public Translator of Sweden, to
avail their translation services for the translation of the signed and
stamped copy of the divorce judgment issued by the Attunda
District Court.

i. Annex “I”-- a copy of the Certified Accurate translation of the

said Final Judgment of Divorce duly translated by James Hurst,
certified by Timothy Prellwitz
Purpose: To prove that the Final Judgment of Divorce was duly
translated from Swedish language to English language by James
Hurst of English Law Translations, an Authorized Public
Translator of Sweden.

j. Annex “J”-- Certified Accurate translation of the Sweden Family Law

duly certified by Timothy Prellwitz
Purpose: To prove that the Final Judgment of Divorce granted to the
Petitioner was in accordance with the Family Law of Sweden and the
same had been duly translated in the English language as certified by
Timothy Prellwitz, in his capacity as a notary public.

k. Annex “K”-- Receipt for the apostille fee issued by Timothy Prellwitz
Purpose: To prove that petitioner obtained the legal services of Timothy
Prellwitz to certify the translated Sweden Family Law corresponds with
the original document.

PRAYER

WHEREFORE, premises considered, the Petitioner respectfully requests

the Honorable Court to render judgment:
1. Recognizing the Final Divorce Judgment granted to herein Petitioner by the
Attunda District Court of Sweden.

2. Declaring the marital bond between Raniel XXXXXX and Petitioner

Phoebe XXXXXX severed as a result thereof.
PETITION FOR JUDICIAL RECOGNITION OF FOREIGN DIVORCE 8

3. Ordering the Civil Registrar General – Philippine Statistics Authority and

the local Civil Registrar of Legazpi to annotate the divorce decree on
Petitioner’s Certificate of Marriage.

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;

and

6. An Order be issued declaring Petitioner’s capacity to remarry under Article

26 of the Family Code.

That such other relief as this Honorable Court may deem just and equitable
in the premises be granted to the herein Petitioner.

Malilipot, Albay, Philippines. April 27, 2022.

The Law Office of

XXXXXX B. XXXXXX JR. and ASSOCIATES
Arellano Street,
Malilipot, Albay
E-mail: XXXXXXlawoffice@yahoo.com
Cellphone # 0977-XXX-7992
Counsel for Petitioner

By:

XXXXXX B. XXXXXX, JR.

ROLL OF ATTORNEYS NO. 4XXXX
MCLE Compliance No. VII – 0005532 – Dec. 3, 2021
Valid until April 14, 2025
IBP LIFETIME No. XXXXXXX-Albay
06/03/2008
PTR NO. 6881170
1/11/2022-MALILIPOT, ALBAY
TIN 936-601-055

Copy furnished by personal delivery

To: City Prosecutor’s Office

Legazpi City

Copy furnished through registered mail

To: The SOLICITOR GENERAL

143 Amorsolo Street, Legazpi Village
PETITION FOR JUDICIAL RECOGNITION OF FOREIGN DIVORCE 9

Makati City
To:

RANIEL XXXXXX

Civil Registrar General – Philippine Statistics Authority (PSA)

Civil Registrar of Guinobatan, Albay

EXPLANATION

The filing and service of the foregoing Petition, is being made through registered mail
due to lack of personnel to cause personal filing and service.

XXXXXX B. XXXXXX, JR.

Counsel for the Petitioner
PETITION FOR JUDICIAL RECOGNITION OF FOREIGN DIVORCE 10

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING

I, PHOEBE XXXXXX, of legal age, divorced, citizen of Sweden, with residence

and postal address at XXXXXX, Sweden, after having been duly sworn to in accordance
with law hereby depose and say:

That, I am the petitioner in the above-entitled case;

That, I have caused the preparation and filing of the foregoing petition and have
read and understood the allegations contained therein; That, the allegations therein are
true and correct based on my own personal knowledge or based on authentic documents;
That, the petition is not filed to harass, cause unnecessary delay, or needlessly increase
the cost of litigation; and that the factual allegations therein have evidentiary support or,
if specifically so identified, will likewise have evidentiary support after a reasonable
opportunity for discovery.

That, I hereby certify that I have not commenced any other action or proceeding
involving the same issues in any court, tribunal or quasi-judicial agency and, to the best
of my knowledge, no such other action or claim is pending therein; that, if I should
thereafter learn that the same or similar action or claim has been filed or is pending, I
shall report that fact within five (5) calendar days therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

___________________, in the Municipality of Malilipot, Albay, Philippines.

PHOEBE XXXXXX
Affiant

SUBSCRIBED AND SWORN to before me this ______________, 2022, in the

Municipality of Malilipot, Albay, Philippines, by affiant, that she is the same person who
executed and personally signed the foregoing verification and certification of non-forum
shopping in my presence.

Doc. No. ____;

Page No. ____;
Book No. XXII;
Series of 2024.