Professional Documents
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Fujiki vs. Marinay
Fujiki vs. Marinay
Fujiki vs. Marinay
Isiderio
FACTS:
Minoru Fujiki, a Japanese National, married Maria Paz Galela Marinay on
January 23, 2004 in the Philippines. However, Fujiki could not bring Marinay to
Japan where he resides because of his parents. Eventually Fujiki and Marinay lost
contact with each other. In 2008, Marinay met Shinichi Maekara, also a Japanese.
Without her marriage with Fujiki being dissolved, she married Maekara on May
15, 2008. Maekara brought Marinay to Japan, but Marinay left Maekara because
allegedly she suffered physical abuse from Maekara. Then Marinay started to
contact Maekara and they soon established their relationship. Marinay obtain a
judgment on a family court in Japan which declared her marriage with Maekara
void on the ground of bigamy. On January 14, 2011, Fujiki filed a petition in the
RTC praying that the Japanese Family Court Judgment be recognized, that the
bigamous marriage be declared void ab ignition, and for the RTC to direct the
Local Civil Registrar of Quezon City to annotate the Japanese Family Court
Judgment on the Certificate of Marriage between Marinay and Maekara and to
endorse such annotation to the Office of the Administrator and Civil Registrar
General in the National Statistics Office (NSO).
ISSUE:
HELD:
The court cited its decision in Juliano-Llave v. Republic, which provides that
the rule that only the husband or wife can file a declaration of nullity or
annulment of marriage does not apply if the reason behind the petition is
bigamy. It likewise ruled that it would be absurd if A.M No. 02-11-10-SC will
be made applicable in a petition for recognition of foreign judgment because it
will litigate the case anew, defeating the purpose of recognizing foreign
judgments, which is, “to limit repetitive litigation on claims and issues”. It
further reiterated its decision in Mijares vs. Rañada, wherein the court
explained that “[i]f every judgment of a foreign court were reviewable on the
merits, the plaintiff would be forced back on his/her original cause of action,
rendering immaterial the previously concluded litigation.”
The Supreme Court said that Fujiki has the personality to file a petition to
recognize the Japanese Family Court judgment nullifying the marriage between
Marinay and Maekara on the ground of bigamy because the judgment concerns
his civil status as married to Marinay. For the same reason he has the
personality to file a petition under Rule 108 to cancel the entry of marriage
between Marinay and Maekara in the Civil Registry on the basis of the Decree
of the Japanese Family Court.