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Fujiki vs. Marinay: Ruling

Fujiki filed a petition to recognize a foreign judgment nullifying his wife Marinay's subsequent marriage to Maekara. The court initially dismissed the petition as Fujiki was not a proper party. However, the Supreme Court ruled that as Marinay's prior spouse, Fujiki has a personal interest in maintaining the integrity of his marriage to Marinay and can file a petition to nullify her bigamous marriage to Maekara. The Court held that a prior spouse has standing to file for dissolution of a subsequent marriage of their spouse under the Family Code.

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72 views

Fujiki vs. Marinay: Ruling

Fujiki filed a petition to recognize a foreign judgment nullifying his wife Marinay's subsequent marriage to Maekara. The court initially dismissed the petition as Fujiki was not a proper party. However, the Supreme Court ruled that as Marinay's prior spouse, Fujiki has a personal interest in maintaining the integrity of his marriage to Marinay and can file a petition to nullify her bigamous marriage to Maekara. The Court held that a prior spouse has standing to file for dissolution of a subsequent marriage of their spouse under the Family Code.

Uploaded by

AubreyVelasco
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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FUJIKI vs.

MARINAY
G.R. No. 196049 June 26, 2013

FACTS
Maria Paz Galela Marinay, a Filipina, married Minuruku Fujiki, a Japanese National in 2004. While the first
marriage is still in effect, Marinay married Shinichi Maekara in 2008. The two went to Japan together
where Marinay claims to suffer physical abuse from her husband. Later on, Marinay met Fujiki again in
Japan and two rekindled their relationship. Marinay dissolved her marriage with Maekara through Fujiki’s
help.
In 2011, Fujiki filed for the Petition of Judicial Recognition of Foreign Judgment or Decree of Absolute
Nullity of Marriage of Maekara and Marinay, which the court dismissed on the grounds that Fujiki is not
the proper party for the petition.
The Solicitor General supported the Petition of Fujiki stating that he is the spouse of Marinay in her first
marriage and an injured party with the right to file the dissolution of a bigamous marriage between
Marinay and Maekara.

ISSUE
WON 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

RULING
The Supreme Court held that the prior spouse has a personal and material interest in maintaining the
integrity of the marriage he contracted and the property relations arising from it. According to the Family
Code, any person interested in any act, event, order or decree concerning the civil status of persons which
has been recorded in the civil register, may file a verified petition for the cancellation or correction of any
entry relating thereto, with the Regional Trial Court of the province where the corresponding civil registry
is located.

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