MINORU FUJIKI vs. MARIA PAZ GALELA MARINAY, SHINICHI MAEKARA | G.R. No. 196049 | J!

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#6, #01$
%OC&RINE: A Petition for Recognition of a Foreign Judgment is not an action to nullify a marriage. It is
an action for Philippine courts to recognize the effectivity of a foreign judgment on a case which was
already tried and decided under foreign law. he recognition of the foreign judgment nullifying a !igamous
marriage is a su!se"uent event that esta!lishes a new status# right and fact that needs to !e reflected in
the civil registry. hus# upon recognition of the foreign judgment# this right !ecomes conclusive and the
judgment serves as the !asis for the correction or cancellation of entry in the civil registry.
FAC&S:
Fuji$i is a Japanese national who married %arinay in the Philippines on &' January &((). he
marriage did not sit well with petitioner*s parents. hus# Fuji$i could not !ring his wife to Japan where
he resides. +ventually# they lost contact with each other.
In &((,# %arinay met another Japanese# %ae$ara. %arinay and %ae$ara were married on -. %ay
&((, without the first marriage !eing dissolved. %ae$ara !rought %arinay to Japan. /owever#
%arinay allegedly suffered physical a!use from %ae$ara.
0he left %ae$ara and started to contact Fuji$i and eventually# they were a!le to reesta!lish their
relationship.
In &(-(# Fuji$i helped %arinay o!tain a judgment from a family court in Japan which declared the
marriage !etween %arinay and %ae$ara void on the ground of !igamy.
Fuji$i filed a petition in the R1 for the Recognition of Foreign Judgment# praying that: 2-3 the
Japanese Family 1ourt judgment !e recognized4 2&3 that the !igamous marriage !etween %arinay
and %ae$ara !e declared void ab initio under Articles '.2)3 and )- of the Family 1ode of the
Philippines4 and 2'3 for the R1 to direct the 5ocal 1ivil Registrar of 6uezon 1ity to annotate the
Japanese Family 1ourt judgment on the 1ertificate of %arriage !etween %arinay and %ae$ara and to
endorse such annotation to the 7ffice of the Administrator and 1ivil Registrar 8eneral in the 9ational
0tatistics 7ffice 29073.
he Regional rial 1ourt 2R13 immediately dismissed the petition# for gross violation of the
provisions of the Rule on :eclaration of A!solute 9ullity of ;oid %arriages and Annulment of ;oida!le
%arriages 2A.%. 9o. (&<--<-(<013# that it is only =the hus!and or the wife#= in this case either
%ae$ara or %arinay# can file the petition to declare their marriage void# and not Fuji$i.
Fuji$i sought for the reconsideration of the R1*s 7rder on the ground that A.%. 9o. (&<--<-(<01
contemplated ordinary civil actions for declaration of nullity and annulment of marriage. hus# A.%.
9o. (&<--<-(<01 does not apply. A petition for recognition of foreign judgment is a special proceeding#
which =see$s to esta!lish a status# a right or a particular fact#= and not a civil action which is =for the
enforcement or protection of a right# or the prevention or redress of a wrong.=
he R1 considered the petition as a collateral attac$ on the validity of marriage !etween %arinay
and %ae$ara. he trial court held that this is a =jurisdictional ground= to dismiss the petition.
he 0olicitor 8eneral agreed with the petition# arguing that Fuji$i# as the spouse of the first marriage#
is an injured party who can sue to declare the !igamous marriage !etween %arinay and %ae$ara
void.
ISSUES'
(1) :oes A.%. 9o. (&<--<-(<01 apply to petitions for recognition of foreign judgment> ? NO
(#) %ay the hus!and or wife of a prior marriage file a petition for the recognition of the foreign judgment
nullifying the su!se"uent marriage !etween his or her spouse and a foreign citizen on the ground of
!igamy ? YES
($) Is the petition for the recognition of foreign judgment with a prayer for the correction or cancellation of
an entry in the civil registry a collateral attac$ on the validity of marriage !etween %arinay and
%ae$ara> ? NO
RULING'
The rule on the Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable
Marriages (A.M. No. 02--0-!"# is not a$$licable on %etitions for &ecognition of 'oreign
(udgment
he Rule on A.%. 9o. (&<--<-(<01 does not apply in a petition to recognize a foreign judgment relating to
the status of a marriage where one of the parties is a citizen of a foreign country. he 1ourt held that the
rule in A.%. 9o. (&<--<-(<01 that only the hus!and or wife can file a declaration of nullity or annulment of
marriage =does not apply if the reason !ehind the petition is !igamy.= o hold that A.%. 9o. (&<--<-(<01
applies to a petition for recognition of foreign judgment would defeat the purpose of recognizing foreign
judgments# which is =to limit repetitive litigation on claims and issues.=
For Philippine courts to recognize a foreign judgment relating to the status of a marriage where one of the
parties is a citizen of a foreign country# the petitioner only needs to prove the foreign judgment as a fact
under the Rules of 1ourt. Petitioner may prove the Japanese Family 1ourt judgment through 2-3 an
official pu!lication or 2&3 a certification or copy attested !y the officer who has custody of the judgment. If
the office which has custody is in a foreign country such as Japan# the certification may !e made !y the
proper diplomatic or consular officer of the Philippine foreign service in Japan and authenticated !y the
seal of office.
here is no reason to disallow Fuji$i to simply prove as a fact the Japanese Family 1ourt judgment
nullifying the marriage !etween %arinay and %ae$ara on the ground of !igamy. @hile the Philippines has
no divorce law# the Japanese Family 1ourt judgment is fully consistent with Philippine pu!lic policy# as
!igamous marriages are declared void from the !eginning under Article '.2)3 of the Family 1ode. Aigamy
is a crime under Article ')B of the Revised Penal 1ode. hus# Fuji$i can prove the eCistence of the
Japanese Family 1ourt judgment in accordance with Rule -'&# 0ections &) and &.# in relation to Rule 'B#
0ection ),2!3 of the Rules of 1ourt.
The husband of $rior subsisting marriage has the $ersonality to file a $etition for declaration of
absolute nullity of )oid marriage
he recognition of a foreign judgment only re"uires proof of fact of the judgment and may !e made in a
special proceeding for cancellation or correction of entries in the civil registry under Rule -(, of the Rules
of 1ourt. Dnder 0ection -# Eany person *!+","s+"- in any ./+, "v"!+, o,-", o, -"/,"" concerning the
/*v*0 s+.+s o1 2",so!s 34*/4 4.s 5""! ,"/o,-"- *! +4" /*v*0 ,"6*s+",, may file a verified petition for
the cancellation or correction of any entry relating thereto# with the R1 of the province where the
corresponding civil registry is located#F may file a petition.
Fuji$i has the personality to file a petition to recognize the Japanese Family 1ourt judgment nullifying the
marriage !etween %arinay and %ae$ara on the ground of !igamy !ecause the judgment concerns his
civil status as married to %arinay. he prior spouse has a personal and material interest in maintaining
the integrity of the marriage he contracted and the property relations arising from it. /e is interested in the
cancellation of an entry of a !igamous marriage in the civil registry# which compromises the pu!lic record
of his marriage. he interest derives from the su!stantive right of the spouse not only to preserve his most
intimate human relation# !ut also to protect his property interests that arise !y operation of law the
moment he contracts marriage.
0ection &2a3 of A.%. 9o. (&<--<-(<01 does not preclude a spouse of a su!sisting marriage to "uestion
the validity of a su!se"uent marriage on the ground of !igamy. 7n the contrary# when 0ection &2a3 states
that =a petition for declaration of a!solute nullity of void marriage may !e filed so0"07 57 +4" 4s5.!- o,
+4" 3*1"=Git refers to the hus!and or the wife of the su!sisting marriage. Dnder Article '.2)3 of the
Family 1ode# !igamous marriages are void from the !eginning. hus# the parties in a !igamous marriage
are neither the hus!and nor the wife under the law. he hus!and or the wife of the prior su!sisting
marriage is the one who has the personality to file a petition for declaration of a!solute nullity of void
marriage under 0ection &2a3 of A.%. 9o. (&<--<-(<01. @hen the right of the spouse to protect his
marriage is violated# the spouse is clearly an injured party and is therefore interested in the judgment of
the suit.
A $etition for recognition of a foreign *udgment is not an action to nullify a marriage
he validity of marriage can !e "uestioned only in a direct action to nullify the marriage. A petition for
correction or cancellation of an entry in the civil registry cannot su!stitute for an action to invalidate a
marriage. A direct action is necessary to prevent circumvention of the su!stantive and procedural
safeguards of marriage under the Family 1ode# A.%. 9o. (&<--<-(<01 and other related laws. /owever#
this does not apply in a petition for correction or cancellation of a civil registry entry !ased on the
recognition of a foreign judgment annulling a marriage where one of the parties is a citizen of the foreign
country.
A recognition of a foreign judgment is not an action to nullify a marriage. It is an action for Philippine
courts to recognize the effectivity of a foreign judgment# 34*/4 2,"s22os"s . /.s" 34*/4 3.s .0,".-7
+,*"- .!- -"/*-"- !-", 1o,"*6! 0.3. he procedure in A.%. 9o. (&<--<-(<01 does not apply in a
petition to recognize a foreign judgment annulling a !igamous marriage where one of the parties is a
citizen of the foreign country.
In the recognition of foreign judgments# Philippine courts are incompetent to su!stitute their judgment on
how a case was decided under foreign law. hey cannot decide on the =family rights and duties# or on the
status# condition and legal capacity= of the foreign citizen who is a party to the foreign judgment. hus#
Philippine courts are limited to the "uestion of whether to eCtend the effect of a foreign judgment in the
Philippines. In a foreign judgment relating to the status of a marriage involving a citizen of a foreign
country# Philippine courts only decide whether to eCtend its effect to the Filipino party# under the rule of lex
nationalii eCpressed in Article -. of the 1ivil 1ode.
For this purpose# Philippine courts will only determine 2-3 whether the foreign judgment is inconsistent
with an overriding pu!lic policy in the Philippines4 and 2&3 whether any alleging party is a!le to prove an
eCtrinsic ground to repel the foreign judgment. If there is neither inconsistency with pu!lic policy nor
ade"uate proof to repel the judgment# Philippine courts should recognize the foreign judgment as part of
the comity of nations. Dpon recognition of the foreign judgment# this right !ecomes conclusive and the
judgment serves as the !asis for the correction or cancellation of entry in the civil registry.
he recognition of the foreign judgment nullifying a !igamous marriage is a su!se"uent event that
esta!lishes a new status# right and fact that needs to !e reflected in the civil registry. 7therwise# there will
!e an inconsistency !etween the recognition of the effectivity of the foreign judgment and the pu!lic
records in the Philippines.