Petition For Correction

Republic of the Philippines
REGIONAL TRIAL COURT

7th Judicial Region
RTC Branch No. _______
Cebu City
In the Matter for the Correction/
Cancellation of Entry in the Civil
Registry of Cebu as to the Marriage
Status of David Williams.
DAVID WILLIAMS,
Petitioner,
- versus -
Special Proceedings No. _______

For: Correction of Entry thru
Judicial Recognition and/or
Enforcement of a Foreign
Judgment
Sarah Cruz, the Civil Registrar

General, duly represented by
Carmelita N. Ericta, and/or the
Local Civil Registrar of Cebu City,
The Solicitor General and the
City Prosecutor of Cebu City,
Defendants.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - /
PETITION
COMES NOW, petitioner, through undersigned counsel, unto this
Honorable Court, hereby alleges that:
1. Petitioner David Williams is a Canadian citizen, and a resident
of Hipodromo, Cebu City where notices and summons can be
served;
2. Respondent Sarah Cruz is a Filipino citizen, and a resident of
Ramos St., Cebu City where summons, notices and court
processes may be served;
3. Respondent Civil Registrar General of the National Statistics
1
Office with office address at Ground Floor, Solicarel Building

I, Ramon Magsaysay Blvd., Sta. Mesa Manila where it may be
served with summons and court processes. Said government
agency is represented by its Administrator and Civil Registrar
General of the National Statistics Office, Carmelita N. Ericta.
The said office is included as an indispensable party
respondent of the instant case;
4. Respondent Cebu City Civil Registrar is represented by
Louise Salugon, of legal age, married and with office address
at the Cebu City Civil Registrar, Ground Floor, Cebu City
Health Building, Gen. Maxilom Ave. Extension, Cebu City.
The said office is included as an indispensable party
respondent of the instant case;
5. Petitioner and private respondent got married on August 15,
1998 at Cebu City. Attached is a copy of the Certificate of
Marriage marked as Annex A;
6. However, the marriage was marred by frequent quarrels and
recurring arguments and it was difficult for them to reconcile
their differences;
7. Petitioner filed for divorce at the Superior Court of Ontario,
Canada and on September 5, 2012, Judge Superior Court of
Ontario, Canada Hon. Judge Logan Sanders issued a Final
Judgment of Divorce. Attached is a copy of the Final
Judgment of Divorce marked as Annex B;
8. In order for the petitioner to be able to remarry here in the
Philippines, petitioner herein files this instant Petition before
this Regional Trial Court as the corresponding civil registry
involved is located in this City, praying for the cancellation of
the entry in the civil register with respect to the previous
marriage and the annotation of the divorce decree in their
marriage certificate pursuant to Rule 108 of the Rules of
Court and the procedures laid out by the Supreme Court
in Gerbert R. Corpuz v. Daisylyn Tirol Sto. Tomas et. al.
(G.R. No. 186571, August 11, 2010).
9. As stated in Paragraph 7, the petitioner was able to obtain a
Final Judgment of Divorce recapacitating him to marry again.
10.
Ontario is a Canadian territory and the Canadian Federal
Divorce Act allows divorce. Attached as Annex C is Title
19 Personal Relations provisions of the law;
2
11.
The divorce decree secured by petitioner conforms to the
Canadian Federal Divorce Act.
12.
Lastly, the petitioner has legal interest to file the petition
for judicial recognition of divorce decree and that the (t)he
recognition of the foreign divorce decree may be made in
a Rule 108 proceeding itself as recognized in Gerbert R.
Corpuz v. Daisylyn Tirol Sto. Tomas et. al. (ibid.). In
Corpuz, the Supreme Court explained that the object of
special proceedings (such as that in Rule 108 of the Rules of
Court) is precisely to establish the status or right of a party or
a particular fact. Moreover, Rule 108 of the Rules of Court can
serve as the appropriate adversarial proceeding by which the
applicability of the foreign judgment can be measured and
tested in terms of jurisdictional infirmities, want of notice to the
party, collusion, fraud, or clear mistake of fact or law.
WHEREFORE, with the above premises considered, it is
respectfully prayed for that the divorce decree obtained by petitioner
be judicially recognized and that upon enforcing such foreign
judgment, an order be issued directing the public respondent Civil
Registrar General and the Cebu City Registrar to annotate the
divorce decree in their marriage certificate and to change/correct the
entry in the Civil Registry with regard to his marriage.
Other reliefs and remedies are likewise prayed for.
Cebu City, Philippines, March 8, 2016.
SERVACIO AND ASSOCIATES LAW OFFICE

Counsels for Petitioner
21-F Don Pedro Rodriguez St.,
Capitol Site, Cebu City, Philippines
Tel. No. (032) 253-1001
By:
ATTY. RHELAND SERVACIO
MCLE Compliance No. IV-0007402
Roll No. 54798
PTR No. 10147955, Jan. 3, 2016, Cebu Province
IBP No. 872164, Jan. 3, 2009
Cebu City
Tel. No. (032) 253-1001
3
VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING
I, DAVID WILLIAMS, Canadian citizen, of legal age, resident of
Hipodromo, Cebu City, after having been duly sworn in accordance with
law, hereby depose and state that:
1. I am the petitioner in the above-stated case;
2. As a party to the case, I caused the preparation of the foregoing
comment;
3. I have read and understood the contents of the comment and, to
the best of my personal knowledge and based on authentic
records, all the averments therein set forth are true and correct;
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, no such other action or
proceeding is pending in the Supreme Court, the Court of
Appeals or any other tribunal or agency;
6. If I should hereafter 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 such fact through the undersigned counsel, within five
(5) days therefrom to the court or agency wherein the original
pleading and sworn certification contemplated herein have been
filed.
IN WITNESS WHEREOF, I have hereunto affixed my signature
this 8 day of March 2016, in Cebu City, Philippines.
th
DAVID WILLIAMS
Affiant
SUBSCRIBED AND SWORN TO before me, this 8th day of March
2016, in Cebu City, Philippines, affiant, David Williams exhibiting to me his
passport bearing passport number 1234-123 issued on April 3, 2015 at
Montreal, Canada valid until April 3, 2020.
EMMA REYES
NOTARIAL COMMISSION NO. 020-29
NOTARY PUBLIC FOR CEBU CITY
UNTIL DECEMBER 31, 2017
REYES & ASSOCIATES
SUITE 128, 8th FLOOR, BDH BUILDING, DON
MARIANO CUI STREET CAPITOL SITE, CEBU
CITY 6000
MCLE COMPLIANCE NO. IV-0003530; FEB. 7, 2014;
CEBU CITY
PTR NO.2376112; CEBU CITY; JAN. 7; 2016
IBP LIFETIME NO.929229; CEBU CITY; JAN. 7. 2016
ROLL OF ATTORNEYS NO. 12456
Doc. No. 12 ;
Page No. 45;
Book No. 2;
Series of 2016

Petition For Correction

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Republic of the Philippines

REGIONAL TRIAL COURT

Special Proceedings No. _______

Sarah Cruz, the Civil Registrar

Office with office address at Ground Floor, Solicarel Building

SERVACIO AND ASSOCIATES LAW OFFICE

VERIFICATION AND CERTIFICATION

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