Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
Branch 89, Quezon City

MARIVIC G. GLINO
Petitioner,

-versus- SP. PROC. No. Q-10-67753

IN RE: PETITION FOR JUDICIAL
RECOGNITION AND
CONFIRMATION OF FOREIGN
JUDGMENT OF DIVORCE

THE LOCAL REGISTRAR

OF QUEZON CITY,
Respondent.
x---------------------------------------------x

DECISION

This case is a PETITION FOR THE JUDICIAL RECOGNITION

AND CONFIRMATION OF FOREIGN JUDGMENT OF DIVORCE

secured by herein petitioner’s husband Allan B. Bernarte in the State of

Guam, United States of America, praying from this Honorable Court for an

Order directing the Offices of the Local Civil Registrar of Quezon City and

Office of the Civil Registrar General, to effect subsequent annotation and

subsequent cancellation of the parties’ marriage on the record of

marriages.

Petitioner is Marivic G. Glino, of legal age, Filipino, with residential

address at No. 28 Aries St. Camella Homes Salinas Bacoor, Cavite.

 On 10 January 2000, petitioner married Allan B. Bernarte, American

Citizen1, and U.S. Air Force member,2 in Quezon City3 registered at the

Local Civil Registrar of Quezon City with Registry No. 2000-544.4

They were blessed with a child named Sarah Patricia G. Bernarte5

born on 03 July 2000.6 It was 2002 when petitioner and husband were

together last time,7 and last communicated with each other. 8 The husband

did not provide the family shelter. 9 However, support amounting to

$250.00 has always been received through ATM automatically remitted by

husband’s place of work.10

When petitioner started to ask for more support and communicated

it to husband’s Commander, she was informed that they were already

divorced.11 Through petitioner’s brother-in-law who was a former Air Force

member, petitioner was able to secure a copy of the Divorce Decree.12

On 07 October 2005, petitioner’s husband filed and secured a

Divorce Decree from the Superior Court of Guam, United States of America

declaring the marriage of the parties dissolved with the herein petitioner

as defendant.13 In said decree, it is stated that both parties returned to

1
Exhibit “B-1”, Rollo, p. 5.
2
See TSN, p. 7, August 02, 2012.
3
Exhibit “A”, Rollo, p. 33.
4
Exhibit “B”, Rollo, p. 5.
5
Supra note 3.
6
Exhibit “C”, Rollo, p. 6.
7
Supra note 2, p. 6.
8
Ibid, p. 13.
9
Ibid, p. 9.
10
Ibid, p. 7.
11
Ibid, p. 12.
12
Supra note 2, p. 4.
13
Exhibit “E’”, Rollo, p. 11.
their single status and both are entitled to remarry under said Foreign

Judgment of Divorce and under American Law.14

Petitioner is presently staying with her sister15 and is in custody of

their child.16

Now, petitioner seeks the Judicial Recognition and Confirmation of

the Foreign Judgment of Divorce that her husband obtained in Guam,

United States of America, being a citizen thereof.

Essentially, the petition raises the issue of whether the

circumstances of this case conform to the requisites for the Judicial

Recognition and Confirmation of Foreign Judgment of Divorce.

A foreign judgment involving the status of a marriage disturbs the

civil status, condition and legal capacity of its parties. However, the

consequence of a foreign judgment is not automatic. To extend the effect

of a foreign judgment in the Philippines, Philippine courts must determine

if the foreign judgment is consistent with domestic public policy and other

mandatory laws.17

Article 15 of the Civil Code provides that “laws relating to family

rights and duties, or to the status, condition and legal capacity of persons

are binding upon citizens of the Philippines, even though living abroad.”

This is the rule of lex nationalii in private international law. Hence, this

jurisdiction may require, for effectivity in the Philippines, recognition by

14
Supra note 3.
Exhibit “E-2”, Rollo, p. 11.
15
Supra note 2, p. 9.
16
Ibid, p.5.
17
Art. 17, Civil Code of the Philippines.
Philippine courts of a foreign judgment affecting its citizen, over whom it

exercises personal jurisdiction relating to the status, condition and legal

capacity of such citizen.

In the case of Garcia v. Recio,18 the Court said, “direct involvement

or being the subject of the foreign judgment is sufficient to clothe a party

with the requisite interest to institute an action before our courts for the

recognition of the foreign judgment. In a divorce situation, we have

declared, no less, that the divorce obtained by an alien abroad may be

recognized in the Philippines, provided the divorce is valid according to his

or her national law.”19

The root of any recognition of a foreign divorce is founded on the

fact that our courts do not take judicial notice of foreign judgments and

laws. As Justice Herrera said, “no sovereign is bound to give effect within

its dominion to a judgment rendered by a tribunal of another country.” 20

Thus, in Fujiki vs. Marinay21 the Supreme Court citing Corpuz vs.

Sto. Tomas22 stated what the petitioner seeking recognition of the foreign

judgment must prove:

“For Philippine courts to recognize a foreign judgment

relating to the status of a marriage where one of the parties is a
citizen of a foreign country, the petitioner only needs to prove the
foreign judgment as a fact under the Rules of Court.
To be more specific, a copy of the foreign judgment may be
admitted in evidence and proven as a fact under Rule 132, Sections
24 and 25, in relation to Rule 39, Section 48(b) of the Rules of

18
G.R. No. 138322, October 2, 2001, 366 SCRA 437
19
Ibid.
20
Remedial Law, Volume II, Rules 23-56 (2007 ed.), p. 529.
21
G.R. No. 196049, 26 June 2013.
22
G.R. No. 186571, 11 August 2010.
 Court. Petitioner may prove the Japanese Family Court judgment
through (1) an official publication or (2) a certification or
copy attested by the officer who has custody of the
judgment. If the office which has custody is in a foreign
country such as Japan, the certification may be made by
the proper diplomatic or consular officer of the Philippine
Foreign Service in Japan and authenticated by the seal of
office.”23

Clearly, petitioner’s state of affairs and the circumstances

surrounding the case fit seamlessly with the requirements laid down in the

aforesaid laws and leading jurisprudence.

Petitioner was able to present the copy of the Foreign Judgment of

Divorce with the certification made by the proper diplomatic or consular

officer of the Philippine Foreign Service in Guam, United States of

America.24

WHEREFORE, in view of the forgoing considerations, this Petition

for Judicial Recognition and Confirmation of Foreign Judgment of

Divorce is hereby GRANTED; and this Court hereby orders the Offices of

the Local Civil Registrar of Quezon City and Office of the Civil Registrar

General, to effect subsequent annotation and subsequent cancellation of

the parties’ marriage on the record of marriages.

SO ORDERED.

CECILYN E. BURGOS-VILLAVERT

Presiding Judge

23
Ibid.
24
Exhibit “E”, Rollo, p. 10-12.