Registration of Foreign Divorce Decree

I.

Registration of Foreign Divorce Decree in the Local Civil Register

Since the divorce was obtained in England by the foreign spouse, a Petition for Recognition and Enforcement of Foreign Judgment with Cancellation or Correction of Entries in the Civil Registry must first be filed by the Filipino spouse before she is able to register the said divorce decree in the local civil register and revert back to her maiden name. According to jurisprudence; “The starting point in any recognition of a foreign divorce judgment is the acknowledgment that our courts do not take judicial notice of foreign judgments and laws. Justice Herrera explained that, as a rule, no sovereign is bound to give effect within its dominion to a judgment rendered by a tribunal of another country. This means that the foreign judgment and its authenticity must be proven as facts under our rules on evidence, together with the aliens applicable national law to show the effect of the judgment on the alien himself or herself. The recognition may be made in an action instituted specifically for the purpose or in another action where a party invokes the foreign decree as an integral aspect of his claim or defense.”1 Furthermore; “Article 412 of the Civil Code declares that no entry in a civil register shall be changed or corrected, without judicial order. The Rules of Court supplements Article 412 of the Civil Code by specifically providing for a special remedial proceeding by which entries in the civil registry may be judicially cancelled or corrected. Rule 108 of the Rules of Court sets in detail the jurisdictional and procedural requirements that must be complied with before a judgment, authorizing the cancellation or correction, may be annotated in the civil registry. It also requires, among others, that the verified petition must be filed with the RTC of the province where the corresponding civil registry is located; that the civil registrar and all persons who have or claim any interest must be made parties to the proceedings; and that the time and place for hearing must be published in a newspaper of general circulation.”2 Additionally; “We hasten to point out, however, that this ruling should not be construed as requiring two separate proceedings for the registration of a foreign divorce decree in the civil registry one for recognition of the foreign decree and another specifically for cancellation of the entry under Rule 108 of the Rules of Court. The recognition of the foreign divorce decree may be made in a Rule 108 proceeding itself, as 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 law or fact.”3 II.

Amendment to Philippine Passport

To effect an amendment in her Philippine Passport due to divorce initiated by a foreign spouse, the Filipino spouse must present a certified true copy of the court or the decree together with the birth certificate or old passport on application. Furthermore it must be approved by the Secretary or his duly authorized diplomatic consular officers. To wit; SECTION 12. Names and Titles. — The passport shall contain the full name of the applicant, but shall not include his title or titles or profession or job description. If an applicant's name is changed by order of the court, a certified copy of the court order or decree shall be submitted together with the birth certificate or old passport on application. SECTION 14. Amendments. — A passport may be amended at the request of the holder for any lawful purpose, but such amendment should be approved by the Secretary or his duly authorized diplomatic or consular officers.4 1 Gerbert R. Corpuz v Daisylyn Tirol Sto. Tomas and The Solicitor General (G.R. No. 186571). 2 Id. 3 Id. 4 Section 12 and Section 14 of R.A. 8239 (Philippine Passport Act of 1996).

Additionally; Section 1. The Passport can be amended only in the following cases: a) Amendment of woman’s name due to marriage b) Amendment of woman’s name due to death of spouse, anunulment of marriage or divorce initiated by a foreign spouse. c) Change of surname of a child who is legitimated by virtue of a subsequent marriage of his parents.5 Thus before the Filipino spouse is able to register the divorce decree obtained by the foreign spouse abroad, there must be a Petition for Recognition of Foreign Judgment. Such may be coupled with a special Proceeding for the Cancellation or Correction of Entries in the Civil Registry for the proper registration of the Divorce Decree here in the Philippines. Pursuant to the order of the proper court recognizing the foreign divorce decree the Filipino spouse may then effect the reversion back to her maiden name in her Passport as well as other government issued IDs.

5 Section 1 of the Implementing Rules and Regulations of R.A. 8239