Judicial Recognition

Republic of the Philippines
REGIONAL TRIAL COURT

10th Judicial Region
Branch 1, Butuan City
RAQUEL M. LUCIDO, previously known as

RAQUEL M. LUCIDO-OTANI,
Petitioner,
-versus- Civil Case No. __________

Petition for Judicial
Recognition of Foreign
Divorce and Declaration of
Capacity to Remarry
MASAYUKI OTANI, The LOCAL CIVIL

REGISTRAR of BUTUAN CITY, and
The ADMINISTRATOR and the CIVIL
REGISTRAR GENERAL of the
PHILIPPINE STATISTICS AUTHORITY of
the Philippines,
Respondents.
x----------------------------------------------------/
PETITION
Petitioner, through the undersigned counsel, to this Honorable Court,

most respectfully avers that:
I.
THE PARTIES
1. Petitioner RAQUEL M. LUCIDO, is of legal age, Filipino and a resident of

Barangay Tungao, Butuan City, where may be served with notices and
other court processes through the undersigned counsel.
2. MASAYUKI OTANI, is a Japanese national, of legal age, ex-husband of

Petitioner, who presently resides in 32 Noshiro City, Akita Prefecture,
Japan, where he may be served with notices and other court processes.
3. Respondent LOCAL CIVIL REGISTRAR OF BUTUAN CITY, is impleaded

as nominal party, being the office responsible for the civil registration
program in the local government unit concerned, pursuant to
the Civil Registry law, the Civil Code and other pertinent laws, rules and
regulations issued to implement them, which may be served at Butuan
City Hall Building, Butuan City.
4. The CIVIL REGISTRAR GENERAL of the PHILIPPINE STATISTICS

AUTHORITY (PSA) of the Philippines, is likewise impleaded as nominal
party, being the office tasked with the enforcement of law pertaining to
the registry of civil status, with office located at PSA Complex, East
Avenue, Diliman, Quezon City, where it may be served with notices and
other court processes.
II.
THE FACTS
5. Petitioner, RAQUEL M. LUCIDO (Raquel for brevity), was a singer who

was able to work in one of the clubs in Japan on January 6, 2005.
6. After a month or on February 27, 2005, Raquel met MASAYUKI OTANI

(Masayuki for brevity). They become friends and they started to date.
7. When Raquel’s visa expired, Masayuki accompanied her when she

returned to the Philippines on July 5, 2005. Their relationship deepened,
and finally, Masayuki proposed to marry her.
8. They were married at the Christ the King Church, in Barangay Tungao,
Butuan City, on April 26, 2006, as evidenced by their Certificate of
Marriage attached as Annex “A” and made an integral part of this
Petition.
9. The marriage, celebrated in Butuan City, Republic of the Philippines, is

likewise valid under Japanese law.
10. At the time of marriage, the Petitioner was, and remains a Filipino
citizen while Masayuki, was and remains a Japanese national.
11. On September 15, 2006, they returned in Japan. Raquel was

happy and excited to finally have a family of her own. But, Masayuki was
suddenly changed. He would not allow her to work and to support her
family in the Philippines. He would not even give her money. Thus,
Raquel strived to learn Japanese language to be able to get a job in
Japan.
12. Fortunately, she was hired in a Hotel. But, she was surprised
when Masayuki would get her salary. He said it would form part of their
family savings. Raquel submits to her husband’s decision. When she got
pregnant, still, despite her condition, Masayuki refused to spend money
for her needs.
13. She gave birth to their son MASAYA LUCIDO OTANI on August
10, 2008.1 Raquel was hopeful that her situation will be better. But, to
her dismay it only worsen. Masayuki would even refuse to spend money
for their child’s needs. When Raquel’s brother was due for an operation,
Masayuki manipulated her bank account to stop her from withdrawing
her money and from sending it to her relatives.
14. Thus, she decided to divorce Masayuki. But the latter arranged for
a “BEKYO”, whereby they were only separated physically, but they are
still married on paper. The custody of their child is with Masayuki, for
1
Annex B- Certificate of Live Birth
the reason that he can teach their child more of Japanese customs,
lessons and practices.
15. However, Masayuki failed to be a responsible father to their son,

who got bullied in school, and was even sickly while in his custody.
These circumstances made Raquel to decide to divorce him. Finally on
February 17, 2017, they were divorced in Japan, in accordance with the
Japanese Law, and the custody of their son was given to Raquel.
15.1 The authenticated Divorce Registration and its English

translation are attached as Annex “C” and series.
15.2 The authenticated Family Register and its English

translation are attached as Annex “D” and series.
15.3 The authenticated Certificate of Acceptance and its

English translation are attached as Annex “E” and
series.
16. The divorce under Japanese law capacitates Masuyaki, a Japanese

citizen, to remarry.
17. Likewise, Article 26 of the Family Code allows the Filipino citizen
who has been divorced by his/her foreign spouse (capacitating the
foreign spouse to remarry) to remarry as well, to wit:
“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), 3637 and
38.
Where a marriage between a Filipino citizen and a
foreigner is validly celebrated and a divorce is
thereafter validly obtained abroad by the alien spouse
capacitating him or her to remarry, the Filipino
spouse shall have capacity to remarry under
Philippine law.” (emphasis supplied)
18. In view of the above, the Petitioner seeks recognition of her divorce
decree in order to be capacitated to remarry.
PRAYER
WHEREFORE, premises considered, the Petitioner respectfully requests
the Honorable Court to render judgment:
1. Recognizing the divorce of MASAYUKI OTANI and RAQUEL LUCIDO

OTANI on April 26, 2006 in Japan as VALID;
2. Declaring the marital bond between the parties severed as a result

thereof and declaring that the Petitioner is capacitated to remarry;
3. Ordering the Civil Registrar General – Philippine Statistics Authority
and the Local Civil Registrar of Butuan City to annotate the divorce
decree on the Certificate of Marriage of the parties;
4. Ordering the Local Civil Registrar to register and record the judgment
(recognizing the divorce) of the Honorable Court on this Petition;
5. Ordering the Petitioner to revert to her maiden name and surname

RAQUEL MADELO LUCIDO pursuant to Article 371 of the New
Civil Code.
The Petitioner also plays for other reliefs, just and equitable under the
premises.
Butuan City, Philippines, October 1, 2019.
ATTY. PEARL JOY SALAS-DALINGAY

Counsel for Petitioner
Roll No. 65035
IBP No. 052541/ 01-08-19/ Butuan City
PTR No. 1681983/ 01-08-19/ Butuan City
MCLE Compliance No. VI- 0001178/ Pasig City
TIN: 488-196-768
P3 Brgy. Libertad, Butuan City
09476298041/09171888190

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Republic of the Philippines

REGIONAL TRIAL COURT

RAQUEL M. LUCIDO, previously known as

-versus- Civil Case No. __________

MASAYUKI OTANI, The LOCAL CIVIL

Petitioner, through the undersigned counsel, to this Honorable Court,

1. Petitioner RAQUEL M. LUCIDO, is of legal age, Filipino and a resident of

2. MASAYUKI OTANI, is a Japanese national, of legal age, ex-husband of

3. Respondent LOCAL CIVIL REGISTRAR OF BUTUAN CITY, is impleaded

4. The CIVIL REGISTRAR GENERAL of the PHILIPPINE STATISTICS

5. Petitioner, RAQUEL M. LUCIDO (Raquel for brevity), was a singer who

6. After a month or on February 27, 2005, Raquel met MASAYUKI OTANI

7. When Raquel’s visa expired, Masayuki accompanied her when she

9. The marriage, celebrated in Butuan City, Republic of the Philippines, is

11. On September 15, 2006, they returned in Japan. Raquel was

15. However, Masayuki failed to be a responsible father to their son,

15.1 The authenticated Divorce Registration and its English

15.2 The authenticated Family Register and its English

15.3 The authenticated Certificate of Acceptance and its

16. The divorce under Japanese law capacitates Masuyaki, a Japanese

“Art. 26. All marriages solemnized outside the

1. Recognizing the divorce of MASAYUKI OTANI and RAQUEL LUCIDO

2. Declaring the marital bond between the parties severed as a result

5. Ordering the Petitioner to revert to her maiden name and surname

Butuan City, Philippines, October 1, 2019.

ATTY. PEARL JOY SALAS-DALINGAY

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