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Upon recognition of the foreign judgment, this right becomes conclusive and the
judgment serves as the basis for the correction or cancellation of entry in the civil
registry. The recognition of the foreign judgment nullifying a bigamous marriage is a
subsequent event that establishes a new status, right and fact[92] that needs to be
reflected in the civil registry. Otherwise, there will be an inconsistency between the
recognition of the effectivity of the foreign judgment and the public records in the
Philippines.
However, the recognition of a foreign judgment nullifying a bigamous marriage is
without prejudice to prosecution for bigamy under Article 349 of the Revised Penal
Code.[93] The recognition of a foreign judgment nullifying a bigamous marriage is not a
ground for extinction of criminal liability under Articles 89 and 94 of the Revised Penal
Code. Moreover, under Article 91 of the Revised Penal Code, “[t]he term of prescription
[of the crime of bigamy] shall not run when the offender is absent from the Philippine
archipelago.”
Since A.M. No. 02-11-10-SC is inapplicable, the Court no longer sees the need to
address the questions on venue and the contents and form of the petition under
Sections 4 and 5, respectively, of A.M. No. 02-11-10-SC.
WHEREFORE, we GRANT the petition. The Order dated 31 January 2011 and the
Resolution dated 2 March 2011 of the Regional Trial Court, Branch 107, Quezon City, in
Civil Case No. Q-11-68582 are REVERSED and SET ASIDE. The Regional Trial Court is
ORDERED to REINSTATE the petition for further proceedings in accordance with this
Decision.
SO ORDERED.
Brion, Del Castillo, Perez, and Perlas-Bernabe, JJ., concur.
[1] Penned by Judge Jose L. Bautista Jr.
[2] In Pasay City, Metro Manila.
[3] See rollo, p. 88; Trial Family Court Decree No. 15 of 2009, Decree of Absolute
Nullity of Marriage between Maria Paz Galela Marinay and Shinichi Maekara dated 18
August 2010. Translated by Yoshiaki Kurisu, Kurisu Gyoseishoshi Lawyer’s Office (see
rollo, p. 89).
[4] Id.
[5] FAMILY CODE OF THE PHILIPPINES (E.O. No. 209 as amended):
Art. 35. The following marriages shall be void from the beginning:
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