REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

Seventh Judicial Region
Branch 12
Cebu City

IN THE MATTER FOR THE

RECOGNITION OF FOREIGN
DIVORCE DECREE AND
CORRECTION OF THE
CIVIL REGISTRY RECORDS
OF RAFAEL VILLAFLOR
AND ALMINA GARCI

RAFAEL VILLAFLOR,
Petitioner,

- versus - SP. PROC. No._________

ALMINA GARCI, CIVIL

REGISTRAR OF CEBU CITY
and CIVIL REGISTRAR
GENERAL,
Respondents.
x----------------------------------x

PETITION

Petitioner, by counsel, respectfully states:

1. That petitioner, 33 years old is a naturalized US citizen,

divorced and recently residing at #32, de Villa St., Mahogany Grove,
Talamban, Cebu City. He has been a resident of said place since
December 2016.

2. That respondent Almina Garci is 33 years old, a Filipino

citizen, divorced and a resident of 312, Avida Tower 1, Cebu IT
Park, Cebu City.

3. That respondent Civil Registrar of Cebu City, Cebu is

impleaded herein as the official custodian of the marriage license
sought to be corrected in this petition. It may be served with
summons and notices, orders and all other processes of this
Honorable Court at the Office of the Cebu City Civil Registrar, Gen.
Maxilom Ave., Cebu City, Cebu.
 4. That respondent Civil Registrar General is impleaded
herein as the Administrator of the National Statistics Office. It may
be served with summons and notices, orders and all other
processes of this Honorable Court at the Office of the Civil Registrar
General, 3/F Vibal Bldg., Times St., Cor. EDSA, West Triangle,
Quezon City.

5. That petitioner and Almina Garci were married at the

Cebu City Metropolitan Cathedral on May 9, 2010. A copy of their
marriage certificate is attached herein as Annex “A”.

6. That the petitoner on April 2, 2012 left for Las Vegas,

Nevada, USA, with the hopes of looking for greener pasteures for his
family. There he worked as a hotel manager in Ballagio Hotel and
Casino, a luxury hotel in Las Vegas.

7. That petitioner became a naturalized US citizen on April

3, 2015.

8. That petitioner returned to the Philippines on June 16,

2015 hoping that he could bring his wife with him to the United
States. Much to his dismay however, he discovered that Almina was
in an intimate relationship with her childhood friend.

9. That petitioner returned to the United States and filed for

divorce in the Clark County Court in Las Vegas on August 10, 2016
citing Chapter 125.010 of the 2005 Nevada Revised Statutes (NRS).

10. That under the statutes in Las Vegas, particularly the

2005 Revised Nevada Statutes, divorce is recognized as a valid
remedy.

11. That on October 10, 2016, a judgment for Divorce was

decreed by Rejzl Anne Sung, JSC. The said judgment is attached
herein as Annex “B”; the certificate of divorce is also attached
herein as as Annex “C”.

12. That this Honorable Court can take judicial notice of the
fact that the State of Nevada, and in the United States of America
and the Philippines have reciprocal rights.

13. That in view of the foregoing, petitioner is entitled to

bring this petition for the reognition of the divorce decree obtained
in Las Vegas, Nevada, USA and seek correction of Rafael Villaflor
and Almina Garci’s records in the official registrar of the
Philippines, i.e., the Civil Registrar of Cebu City and the Civil
Registrar General.
 PRAYER

WHEREFORE, premises considered, petitioner prays that this

petition for the recognition of the divorce decree obtained in Las
vegas, Nevada, U.S.A. be granted; that the decision of this case be
annotated to and the necessary corrections made on their marriage
contract on file at the Civil Registrar of Cebu City and the Civil
Registrar General to make it appear that Rafael Villaflor and Almina
Garci are already divorced and are no longer married to each other.

Other just and equitable reliefs are likewise prayed for.

Cebu City, Philippines, February 13, 2017.

ALBANO & HERRERA LAW OFFICES

Counsel for the Petitioner
Tower 2, Albano & Herrera Law Offices
Cebu Business Park, Cebu City

Contact Number: (032) 4222194

By:

ATTY. MADEL HERRERA

Roll No. 50312
IBP Lifetime No. 14534; 04.05.14; Cebu City
PTR No. 0779328; 5.01.14; Cebu City
MCLE Compliance No. IV-0011301; 10.04.2012
 EXPLANATION
(Pursuant to Section 11, Rule 13 of the 1997 Rules of Civil Procedure)

This petition will be filed and served via registered mail due to
the distance involved.

ATTY. MADEL HERRERA

Counsel for petitioner

Copy furnished:

JOSE CALIDA
Solicitor General

Office of the Solicitor General

134 Amorsolo Street, Legaspi Village, Makati, 1229 Kalakhang
Maynila