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    Fujiki Vs Marinay

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    Michael Jones
    Minoru Fujiki, a Japanese national, petitioned a Philippine regional trial court to recognize a Japanese family court judgment declaring his ex-wife Maria Marinay's second marriage to Shinichi Maekara void due to bigamy. The regional trial court dismissed the petition, finding improper venue and that Fujiki lacked standing. The Supreme Court ruled that the regional trial court can recognize foreign judgments in special proceedings for correcting civil registry entries under Rule 108. It also found that the procedures for declaring annulments did not apply because this was an action to recognize a foreign judgment, not relitigate the case. However, Philippine courts must still determine if recognizing the foreign judgment aligns with domestic public policy and laws.

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    Fujiki Vs Marinay

    Uploaded by

    Michael Jones
    71 views2 pages
    Minoru Fujiki, a Japanese national, petitioned a Philippine regional trial court to recognize a Japanese family court judgment declaring his ex-wife Maria Marinay's second marriage to Shinichi Maekara void due to bigamy. The regional trial court dismissed the petition, finding improper venue and that Fujiki lacked standing. The Supreme Court ruled that the regional trial court can recognize foreign judgments in special proceedings for correcting civil registry entries under Rule 108. It also found that the procedures for declaring annulments did not apply because this was an action to recognize a foreign judgment, not relitigate the case. However, Philippine courts must still determine if recognizing the foreign judgment aligns with domestic public policy and laws.

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    case digest conflict of law

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    Fujiki vs Marinay

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    Minoru Fujiki, a Japanese national, petitioned a Philippine regional trial court to recognize a Japanese family court judgment declaring his ex-wife Maria Marinay's second marriage to Shinichi Maekara void due to bigamy. The regional trial court dismissed the petition, finding improper venue and that Fujiki lacked standing. The Supreme Court ruled that the regional trial court can recognize foreign judgments in special proceedings for correcting civil registry entries under Rule 108. It also found that the procedures for declaring annulments did not apply because this was an action to recognize a foreign judgment, not relitigate the case. However, Philippine courts must still determine if recognizing the foreign judgment aligns with domestic public policy and laws.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    71 views2 pages

    Fujiki Vs Marinay

    Uploaded by

    Michael Jones
    Minoru Fujiki, a Japanese national, petitioned a Philippine regional trial court to recognize a Japanese family court judgment declaring his ex-wife Maria Marinay's second marriage to Shinichi Maekara void due to bigamy. The regional trial court dismissed the petition, finding improper venue and that Fujiki lacked standing. The Supreme Court ruled that the regional trial court can recognize foreign judgments in special proceedings for correcting civil registry entries under Rule 108. It also found that the procedures for declaring annulments did not apply because this was an action to recognize a foreign judgment, not relitigate the case. However, Philippine courts must still determine if recognizing the foreign judgment aligns with domestic public policy and laws.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Fujiki vs.

    Marinay
    Facts: Petitioner Minoru Fujiki (Fujiki) is a Japanese national who married respondent
    Maria Paz Marinay (Marinay. The marriage did not sit well with petitioners 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 Quezon City. Maekara brought Marinay to Japan. However, Marinay
    allegedly suffered physical abuse from Maekara. She left Maekara and started to
    contact Fujiki. 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. On 14 January 2011, Fujiki filed a petition in the RTC entitled:
    Judicial Recognition of Foreign Judgment with a prayer, among others, for the RTC
    to direct the Local Civil Registrar of Quezon City to annotate the Japanese Family
    Court judgment on the Certificate of Marriage between Marinay and Maekara. The
    RTC dismissed the petition based on improper venue and the lack of personality of
    petitioner, Minoru Fujiki, to file the petition citing the provisions of the Rule on
    Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable
    Marriages (A.M. No. 02-11-10-SC)
    Issue: 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 of the Rules of Court. Whether A.M. No. 02-11-10-SC is applicable in the instant
    case
    Ruling: Yes. Since the recognition of a foreign judgment only requires proof of fact of
    the judgment and the Philippine courts can recognize the foreign judgment as a fact
    according to the rules of evidence., it may be made in a special proceeding for
    cancellation or correction of entries in the civil registry under Rule 108 of the Rules
    of Court since a recognition of a foreign judgment is not an action to nullify a
    marriage. A petition to recognize a foreign judgment declaring a marriage void does
    not require relitigation under a Philippine court of the case as if it were a new
    petition for declaration of nullity of marriage. Philippine courts cannot presume to
    know the foreign laws under which the foreign judgment was rendered. It is an
    action for Philippine courts to recognize the effectivity of a foreign judgment, which
    presupposes a case which was already tried and decided under foreign law. The
    procedure in A.M. No. 02-11-10-SC does not apply in a petition to recognize a
    foreign judgment annulling a bigamous marriage where one of the parties is a
    citizen of the foreign country and petition for correction or cancellation of a civil
    registry entry based on the recognition of a foreign judgment annulling a marriage
    where one of the parties is a citizen of the foreign country.
    However, the effect of a foreign judgment is not automatic. To extend the effect of a
    foreign judgment in the Philippines, Philippine courts must determine if the foreign

    judgment is consistent with domestic public policy and other mandatory laws
    (Article 16). This is the rule of lex nationalii in private international law. Courts are
    not allowed to delve into the merits of a foreign judgment. Once a foreign judgment
    is admitted and proven in a Philippine court, it can only be repelled on grounds
    external to its merits, i.e., want of jurisdiction, want of notice to the party,
    collusion, fraud, or clear mistake of law or fact. Section 48(b), Rule 39 of the Rules
    of Court states that the foreign judgment is already presumptive evidence of a
    right between the parties.

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