University of the Philippines College of Law

Persons and Family Relations | Professor Legarda

Case Digest
TOPIC: Bigamous Marriages
CASE Number : GR No. 169049
CASE Name: Fujiki vs. Marinay
Ponente: Justice Carpio
FACTS
Fujiki (petitioner Japanese) married Marinay (respondent Filipino) in the
Philippines in 2004. His parents did not like her so he was not able to bring
her with him to Japan and they eventually lost contact.
Marinay married another Japanese Maekara in 2007 in the Philipines, and he
later brought her with him to Japan. He turned out to be abusive so Marinay
left him and contacted Fujiki. They reestablished their relationship.
Fujiki helped Marinay obtain a judgment in a Family Court in Japan declaring
her marriage with Maekara void, due to bigamy. He then filed a petition with
the RTC in the Philippines to recognize the foreign judgment and correct
related documents registered in the Civil Registrar.
RTC dismissed petition stating that it did not comply with Rule A.M. No 02-1110-SC where only the husband or the wife could file for absolute nullity of
void marriage. It also dismissed petitioners motion for reconsideration
stating that, in a special proceeding for correction of entry under Rule 108,
the trial court has no jurisdiction to nullify marriages (collateral attack).
ISSUES

Whether or not AM No. 02-11-10-SC is applicable.

o No.
o Does not apply in a petition to recognize foreign judgment. Petitioner
need only present Official publication and certification/copy attested by
officer who has copy of the judgement.
o Does not apply since it means court will litigate the case anew
o Does not apply in bigamous marriages
Whether or not husband or wife of a prior marriage can file a petition to
recognize foreign judgment nullifying the subsequent marriage between his
or her spouse and a foreign citizen on the ground of bigamy.
o Yes
o Husband or wife refers to subsisting, not subsequent marriage
o Criminal in nature, hence anyone can initiate prosecution
Whether or not RTC can recognize foreign judgment in a proceeding for
cancellation or correction of entries.
o Yes

o
o

Petition for correction cannot nullify marriage but this does not apply in
a recognition of foreign judgment where one party is a foreigner
This is to avoid inequitable situation where foreigner may re-marry
while Filipino cannot.
RULING:
Petition Granted