4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly 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 5/22

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