Clarity, not confusion
The common misconception about a favorable judgment in a case for judicial recognition of a foreign divorce is that its effects are automatic upon its finality. Such is not so, because the sole effect of recognition of foreign divorce is that the same is recognized in the Philippines: no more, and no less.
That said, those seeking to correct their marital status from “married to single,” and to remove all traces of the marriage subject to divorce, still have to undergo a separate process to effect these changes that come with the divorce. This process is called the “Cancellation or Correction of Entries in the Local Civil Registry” under Rule 108.
Definition and requirements
Rule 108 of the Rules of Court provides the legal basis for the filing of a petition for cancellation or correction of entries in the civil registry, with respect to changes or corrections to be made in one’s civil status. The distinction between cancellation and correction is self-explanatory: for cancellation, one wishes to remove the record itself—for example, to cancel a marriage certificate following a divorce. Correction contemplates a mere revision to ensure accuracy, such as correcting one’s civil status from “married” to “single.”
In connection with a judicial recognition of a foreign divorce decree, for its effects to take full force, it is necessary to file a petition for correction and cancellation of entries, praying that the marriage decree be cancelled, and that one’s civil status be corrected from “married” to “single.”
The petition for cancellation or correction of entries can be filed together and simultaneously with the petition for judicial recognition of the foreign divorce decree, provided the requirements for both actions are met. Section 2 of Rule 108 enumerates the entries subject to cancellation or correction, which include: (a) births: (b) marriage; (c) deaths; (d) legal separations; (e) judgments of annulments of marriage; (f) judgments declaring marriages void from the beginning; (g) legitimations; (h) adoptions; (i) acknowledgments of natural children; (j) naturalization; (k) election, loss or recovery of citizenship; (l) civil interdiction; (m) judicial determination of filiation; (n) voluntary emancipation of a minor; and (o) changes of name.
Why it’s necessary to file
One may ask whether it is still necessary to file a petition for the correction or cancellation of entries if the foreign divorce decree has already been judicially recognized by Philippine courts.
The short answer: Yes, in order to avoid confusion with respect to official government records. This is because Article 412 of the Civil Code strictly provides that entries in the civil registry cannot be changed without a judicial court order.
Thus, even if one’s foreign divorce decree may already be recognized here, their certificate of marriage still exists, and their civil status is still registered as “married,” unless otherwise held by a competent court.
Considering the difficulties that may arise with conflicts in entries in the civil registry, it is best to settle all administrative matters through the proper process, for the clarity and convenience of everyone involved. Ultimately, it would be best for the civil registry, as the official repository of one’s personal records, to accurately reflect the changes in one’s status.
After having undergone this process, one can then freely and officially state that they are now finally single in all aspects, with government paperwork and records to prove it.
