Remedial Law, 2022 Bar — Question I-8

ESSAY

Namjoon, a Korean national, and Regine, a Filipina, were married in Makati City on February 14, 2012. Unfortunately, their relationship shortly turned sour and ended with a divorce by mutual agreement in South Korea. The local court in Korea granted the divorce. Wanting to marry her new boyfriend Taehyung, Regine filed a petition for recognition of the foreign decree of divorce in the Regional Trial Court (RTC) of Cebu where she resides. The Office of the Solicitor General (OSG) opposed the petition contending that the proper remedy is a special proceeding for cancellation or correction of entries in the civil registry under Rule 108 of the Rules of Court, which can only be filed in the RTC of Makati where the marriage was celebrated and recorded in the Civil Registry of Makati. Is the OSG’s contention tenable? Explain briefly.

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