A divorce granted in another country that completely ends a marriage between a foreign national and a Filipino may be recognized in the Philippines, provided the foreign spouse is allowed under the laws of their own country to remarry.
However, the Filipino spouse must still file a petition for recognition of foreign decree of divorce before the proper Regional Trial Court to have the foreign divorce officially recognized in the Philippines and to have the decree annotated in his or her marriage certificate.
The question now is where should the petition for recognition of foreign decree of divorce be filed? The rule is straightforward. If the petition also seeks to change the petitioner’s civil status by annotating the decree in the petitioner's marriage certificate, it must be filed with the Regional Trial Court that has jurisdiction over the local civil registrar’s office where the Certificate of Marriage was registered.
In the case of Johansen vs. Office of the Civil Registrar General, G.R. No. 256951. November 29, 2021, the Supreme Court affirmed the ruling of the Regional Trial Court of Malolos City, Bulacan when the latter dismissed the petition for recognition of foreign decree of divorce for lack of jurisdiction.
In the Johansen case, petitioner Marietta Pangilinan Johansen was married to Knul Johansen in Norway. A Report of Marriage was then filed before the Embassy/Consulate of the Philippines in Oslo. Then, Knul obtained a divorce decree in Norway. This prompted Marietta to file a Petition for Recognition of Foreign Judgment before RTC Malolos since she was residing in San Miguel, Bulacan.
The RTC dismissed the petition for lack of jurisdiction. It ruled that the case was filed under Rule 108 of the Rules of Court since Marietta asked the court to direct the OCRG and/or DFA to annotate the Decree of Divorce in the Report of Marriage. Under Rule 108, the venue of the petition is at the place where the record may be found. Venue under this rule is jurisdictional. The Report of Marriage in this case is found in the DFA or the OCRG, hence venue and/or jurisdiction falls with the RTC of either Pasay City or Quezon City, and not in the RTC of Malolos City, Bulacan.
The Supreme Court affirmed the decision of RTC Malolos, and held that:
It is undisputed that the petition filed in the RTC sought two reliefs, namely: (1) recognition of foreign decree of divorce and the corresponding (2) change or correction of entry in the civil register. Hence, petitioner must not only establish the foreign judgment as a fact in accordance with the Rules on Evidence but must also comply with the specific requirements of Rule 108. This, petitioner failed to do.
Per the Decision of the RTC, the Report of Marriage in this case is found either in the DFA or the OCRG, that is, in Pasay City or Quezon City, respectively. Pursuant to Section 1, Rule 108, the petition must be filed in the RTC where the corresponding civil registry is located. However, petitioner filed the case in the RTC of Malolos City, Bulacan because it is convenient for her as she is residing in San Miguel, Bulacan. Thus, venue was improperly laid. More, the local civil registrar of Pasay (in case the Report of Marriage is with the DFA) was not impleaded. The RTC of Malolos City, Bulacan has no authority to order the civil registrar of Pasay or Quezon City to correct the civil status of petitioner.
In fine, considering the foregoing defects in the petition, the RTC of Malolos City, Bulacan did not err in dismissing it for lack of jurisdiction. Nevertheless, the dismissal is without prejudice to the refiling of the petition in the proper court, with full compliance to the specific requirements of Rule 108. Foremost, petitioner must ascertain where her Report of Marriage was recorded to know which RTC has jurisdiction over the petition.
Clearly, as held in this case, petition for recognition of foreign decree of divorce shall be filed with the RTC having jurisdiction over the local civil registrar where the Certificate of Marriage, or Report of Marriage, was registered and recorded, and not where the petitioner was a resident.
If you need professional assistance in filing a petition for recognition of foreign decree of divorce, our experienced lawyers can guide you through the proper judicial process. Whether you are in Pampanga, Tarlac, or nearby provinces, we are ready to help protect your rights and secure accurate civil records. Contact us today at inquiries@mpeclaw.com or (+63) 976 385 6705 to schedule a consultation and start the process of correcting your civil status and marriage certificate.