4/29/2020
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and the disregard of the prior marriage which sanctity is protected by the
Constitution.[34]
The Solicitor General contended that the petition to recognize the Japanese Family
Court judgment may be made in a Rule 108 proceeding.[35] In Corpuz v. Santo Tomas,
[36] this Court held that “[t]he recognition of the foreign divorce decree may be made
in a Rule 108 proceeding itself, as the object of special proceedings (such as that in
Rule 108 of the Rules of Court) is precisely to establish the status or right of a party or
a particular fact.”[37] While Corpuz concerned a foreign divorce decree, in the present
case the Japanese Family Court judgment also affected the civil status of the parties,
especially Marinay, who is a Filipino citizen.
The Solicitor General asserted that Rule 108 of the Rules of Court is the procedure to
record “[a]cts, events and judicial decrees concerning the civil status of persons” in the
civil registry as required by Article 407 of the Civil Code. In other words, “[t]he law
requires the entry in the civil registry of judicial decrees that produce legal
consequences upon a person’s legal capacity and status x x x.”[38] The Japanese Family
Court judgment directly bears on the civil status of a Filipino citizen and should
therefore be proven as a fact in a Rule 108 proceeding.
Moreover, the Solicitor General argued that there is no jurisdictional infirmity in
assailing a void marriage under Rule 108, citing De Castro v. De Castro[39] and Niñal v.
Bayadog[40] which declared that “[t]he validity of a void marriage may be collaterally
attacked.”[41]
Marinay and Maekara individually sent letters to the Court to comply with the directive
for them to comment on the petition.[42] Maekara wrote that Marinay concealed from
him the fact that she was previously married to Fujiki.[43] Maekara also denied that he
inflicted any form of violence on Marinay.[44] On the other hand, Marinay wrote that
she had no reason to oppose the petition.[45] She would like to maintain her silence for
fear that anything she say might cause misunderstanding between her and Fujiki.[46]
The Issues
Petitioner raises the following legal issues:
(1) Whether the Rule on Declaration of Absolute Nullity of Void Marriages and
Annulment of Voidable Marriages (A.M. No. 02-11-10-SC) is applicable.
(2) Whether a husband or wife of a prior marriage can file a petition to recognize a
foreign judgment nullifying the subsequent marriage between his or her spouse and a
foreign citizen on the ground of bigamy.
(3) Whether the Regional Trial Court can recognize the foreign judgment in a
proceeding for cancellation or correction of entries in the Civil Registry under Rule 108
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55916
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