Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Region
Branch _____ , Quezon City

IN THE MATTER OF PETITION FOR THE

JUDICIAL DECLARATION OF FOREIGN
NATURALIZATION and CORRECTION/
CANCELLATION OF ENTRIES IN THE
MARRIAGE CERTIFICATE OF __________,

______________
Petitioner,

Special Proceedings No. _______

- versus –

THE CIVIL REGISTRAR GENERAL,

THE LOCAL CIVIL REGISTRAR OF
QUEZON CITY AND ALL PERSONS/
ENTITIESWHO/WHICH MAY BE
AFFECTED THEREBY,
Public Respondents
x---------------------------------------------x

PETITION

COMES NOW, petitioner, through undersigned counsel, unto this

Honorable Court, respectfully alleges:

1. That the petitioner ____________, is a legal age, Filipino, married to

_____________ (formerly __________), now a Japanese Citizen, and now
temporarily residing at ________________;

2. That public respondent CIVIL REGISTRAR GENERAL, with office

address at 2/F TAM Building, PSA Complex East Avenue, Diliman
Quezon City, 1101 and LOCAL; CIVIL REGISTRAR OF QUEZON
CITY with office address at City Hall, Quezon City are being impleaded
as an indispensable party which administer the civil registration functions
in the country as provided for in Act 3753, the Law on Registry of Civil
Status;
3. That petitioner and and her husband ___________ were married on
______________at IEMELIF, Mayapyap, Cabanatuan City, Nueva Ecija,
as evidenced by the hereto- attached Certificate of Marriage marked as
ANNEX “ A” and made an integral part hereof;

4. That parties lived together as husband and wife and during the time of
their cohabitation they were blesses with two (2) children namely,
____________, born on ____________and _________________, born on
___________. Copies of their respective Birth Certificate are hereto-
attached as ANNEXES “B” and “C”;

5. That the parties marriage by frequent quarrels and recurring arguments

and it was difficult for them to reconcile their differenced. Hence, at the
instance of respondent _______, the parties obtained a divorce on
February 24, 2015 in Japan under Japan Laws. A copy of the Divorce
Certificate written in Nihonngo is hereto-attached and marked as ANNEX
“D”. The faithful English Translation of Annex “D” as certified by Vice
Consul Tsutomu Yono is hereto- attached as ANNEX “E” “E-1” and “E-
2”. The Authentication Officer of the DFA ( Dept. of Foreign Affairs ) is
hereto-attached and marked as ANNEX “F”;

6. That the absolute divorce obtained / procured in accordance with Japanese

laws and regulations by respondent _________ from Japan is valid and
allowed in Japan. It capacitated him to remarry.

Article 763 of the Civil Code of Japan states:

“Article 763. Husband and wife may effect divorce by agreement.”

Article 767 states the effect of divorce:

“Article 767. Husband or wife, who has changed his or her surname
by reason of
marriage, resumes, by reason of divorce by agreement, the
surname assumed thereby
before the marriage.”

A copy of the pertinent provision of the THE CIVIL CODE OF

JAPAN is hereto-attached and marked as ANNEXES “G”, “G-1” and
“G-2”;

7. That by reason of such absolute divorce obtained in Japan, petitioner

_______________, A Filipino spouse, shall likewise have the capacity to
remarry under Philippines Laws particularly Article 26, of the Family
Code, which states:
 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), 36,37 and
38.
Where a marriage between a Filipino citizen and a foreigner is validly
celebrated and a divorce is there after validity obtained abroad by the alien
spouse capacitating him or her to remarry, the Filipino spouse shall have
capacity to remarry under Philippine law.

8. That the petitioner, invoking the provision of Article 26 of the Family

Code, prays for the judicial recognition of foreign divorce obtained by her
alien spouse under Japan laws and consequently bestowing upon her the
capacity to remarry.

WHEREFORE, in view of the foregoing, it is respectfully p[rayed of

this Honorable Court, that after due notice, and hearing, judgement be
rendered:

1. Recognizing the Naturalization Decree validly obtained pursuant to

Japanese laws and regulations by ___________ dated ____________in
Japan as a valid Naturalization Decree; and

2. Declaring petitioner ____________as having the capacity to remarry

under Article 26, of the Family Code.

Other reliefs that are just and equitable under the premises are likewise
prayed for.

_____________, Nueva Ecija, April ___, _______.

By: