DISPOSITIVE:


WHEREFORE, the Petition for Review on Certiorari is PARTLY
GRANTED. The Decision dated September 8, 2020, issued by the
Court of Appeals in CA-G.R. CV No. 111303, is AFFIRMED with
MODIFICATION in that the Petition for Enforcement of a Foreign
Decree of Divorce and Correction of Record in the Civil Registry
filed before Branch 92, Regional Trial Court, Quezon City, docketed as
R-QZN-17-01806-CV, is ordered REINSTATED.


In the interest of orderly procedure and substantial justice, the case
is hereby REFERRED to the Court of Appeals for appropriate action,
including the reception of evidence to DETERMINE and RESOLVE the
pertinent factual issues in accordance with this Decision.


SO ORDERED.

SUBJECTS/DOCTRINES/DIGEST:

Given the circumstances, the Court applies established rulings 169 allowing the relaxation of rules of procedure in the higher interest of substantial justice and remands the case to the CA for reception of
evidence on the personal law of Anido’s alien spouse, Enrique. Remand is proper, considering (1) that Anido has provided a duly attested copy of the
Divorce Certificate together with the certificate by a proper consular officer of the Philippines, in accordance with Rule 132, Sections 24 and
25 of the Rules of Court; 170 (2) the fact that a decree of absolute divorce was rendered by the Kentucky Court is not in issue nor is it being assailed
by the OSG; 171 (3) that affirming the dismissal of the present case would require Anido to refile the same pleading and present anew her evidence
on the divorce decree, which will only cause further delay and waste the resources not only of Anido but also of the courts; 172 and ( 4) that with
the divorce decree being established, justice dictates that Anido be given the opportunity to properly prove the appropriate foreign law so that she
may be freed from a marriage where she is the only remaining party. 173

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SCD-2025-0005-Rosary Kristine I. Anido Vs. Republic of the PhilippinesDownload

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