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    Fujiki vs. Marinay: Ruling

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    AubreyVelasco
    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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    Fujiki vs. Marinay: Ruling

    Uploaded by

    AubreyVelasco
    67 views1 page
    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.

    Original Title

    FUJIKI DIGEST

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    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.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    67 views1 page

    Fujiki vs. Marinay: Ruling

    Uploaded by

    AubreyVelasco
    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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    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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