4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly 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 elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55916 1/22

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