(Fujiki V Marinay GR No. 196049, June 26, 2013) : Petition Is Bigamy
(Fujiki V Marinay GR No. 196049, June 26, 2013) : Petition Is Bigamy
(Fujiki V Marinay GR No. 196049, June 26, 2013) : Petition Is Bigamy
On January 23, 2004 Fujiki married Marinay, but his parents did not like their union and
he could not bring her home in Japan. Eventually, they lost contact with each other.
In 2008, Marinay met Maekara. The two got married without the first marriage being
dissolve on May15, 2008. Sadly Marinay suffered physical abuse from Maekara, so she
left him.
After leaving Maekara, Fujiki and Marinay reconciled and proceeded to dissolve the
marriage between Marinay and Maekara before the family court of Japan, which voided
the marriage on the ground of bigamy. Fujiki then filed a petition before the RTC for the
recognition of Foreign Judgment praying thee following: 1) to recognize the judgment of
the Family Court of Japan; 2) that the bigamous marriage between Marinay and
Maekara be declared void ab initio under Articles 35(4) and 41 of the Family Code of the
Philippines.
ISSUE:
WON the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of
Voidable Marriages (AM No. 02-11-10-SC) is applicable
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 on the ground of bigamy.
WON the RTC 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.
HELD:
On the first issue, the court ruled that the Rule on Declaration of Absolute Nullity of Void
Marriages and Annulment of Voidable Marriages 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. Moreover, in Juliano-Llave v Republic, this Court
held that the rule in AM No. 02-11-10-SC, that only the husband or wife can file a
declaration of nullity or annulment of marriage “does not apply if the reason behind the
petition is bigamy.”
Section 48(b), Rule 39 of the Rules of Court provides that a foreign judgment or final
order against a person creates a "presumptive evidence of a right as between the parties
and their successors in interest by a subsequent title." Moreover, Section 48 of the Rules
of Court states that "the judgment or final order may be repelled by evidence of a want of
jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law or fact."
Thus, Philippine courts exercise limited review on foreign judgments. 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." The rule on limited review embodies the policy of efficiency and
the protection of party expectations,61 as well as respecting the jurisdiction of other
states.
[Villanueva v Cheridan Lending Investors Corp; GR No. 177881, October 13, 2010]
FACTS:
+Petitioner Villianueva found out that the property was now in Cheridan’s name and filed
a motion for reconsideration of the order and the setting aside of writ of possession on
the ground that he is the owner and is in actual possession of the subject property. He
had notified the court that he had filed criminal and civil cases relative to the fraudulent
transfer of ownership of the said property from him to the spouses Penaredondo.
+While the case was pending, respondent instituted a special civil action for certiorari
before the CA praying that the RTC order denying a motion for alias writ of possession
be reversed and set aside. CA granted the said petition
ISSUE:
HELD:
The same issue had been raised in Bank of the Philippine Islands v.
[26]
Icot, Development Bank of the Philippines v. Prime Neighborhood
Association,[27] Dayot v. Shell Chemical Company (Phils.),
[28] [29]
Inc., and Philippine National Bank v. Court of Appeals, and we
uniformly held that the obligation of the court to issue an ex parte writ of
possession in favor of the purchaser in an extrajudicial foreclosure sale
ceases to be ministerial once it appears that there is a third party in
possession of the property who is claiming a right adverse to that of the
debtor/mortgagor.