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712 Phil. 524
SECOND DIVISION
[ G.R. No. 196049, June 26, 2013 ]
MINORU FUJIKI, PETITIONER, VS. MARIA PAZ GALELA MARINAY,
SHINICHI MAEKARA, LOCAL CIVIL REGISTRAR OF QUEZON CITY,
AND THE ADMINISTRATOR AND CIVIL REGISTRAR GENERAL OF
THE NATIONAL STATISTICS OFFICE, RESPONDENTS.
DECISION
CARPIO, J.:
The Case
This is a direct recourse to this Court from the Regional Trial Court (RTC), Branch 107,
Quezon City, through a petition for review on certiorari under Rule 45 of the Rules of
Court on a pure question of law. The petition assails the Order[1] dated 31 January
2011 of the RTC in Civil Case No. Q-11-68582 and its Resolution dated 2 March 2011
denying petitioner’s Motion for Reconsideration. The RTC dismissed the petition for
“Judicial Recognition of Foreign Judgment (or Decree of Absolute Nullity of Marriage)”
based on improper venue and the lack of personality of petitioner, Minoru Fujiki, to file
the petition.
The Facts
Petitioner Minoru Fujiki (Fujiki) is a Japanese national who married respondent Maria
Paz Galela Marinay (Marinay) in the Philippines[2] on 23 January 2004. The marriage
did not sit well with petitioner’s parents. Thus, Fujiki could not bring his wife to Japan
where he resides. Eventually, they lost contact with each other.
In 2008, Marinay met another Japanese, Shinichi Maekara (Maekara). Without the first
marriage being dissolved, Marinay and Maekara were married on 15 May 2008 in
Quezon City, Philippines. Maekara brought Marinay to Japan. However, Marinay
allegedly suffered physical abuse from Maekara. She left Maekara and started to
contact Fujiki.[3]
Fujiki and Marinay met in Japan and they were able to reestablish their relationship. In
2010, Fujiki helped Marinay obtain a judgment from a family court in Japan which
declared the marriage between Marinay and Maekara void on the ground of bigamy.[4]
On 14 January 2011, Fujiki filed a petition in the RTC entitled: “Judicial Recognition of
Foreign Judgment (or Decree of Absolute Nullity of Marriage).” Fujiki prayed that (1)
the Japanese Family Court judgment be recognized; (2) that the bigamous marriage
between Marinay and Maekara be declared void ab initio under Articles 35(4) and 41 of
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