TOPIC: Lex Loci Celebrationis

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

TITLE: Fujiki petitioner-appellee, vs. Marinay , respondent-appellant.
PONENTE: Carpio, J.
NATURE OF ACTION: Certioriari
FACTS:
Fujiki, a Japanese, married Marinay here in the Philippines in 2004. Fujiki’s parents did not accept Marinay. Fujiki wasn’t
able to bring Marinay to Japan. Eventually, they lost contact to each other. In 2008, Marinay married another Japanese,
named Maekara, without dissolving her first marriage. He brought her to Japan and resided there. After some time Marinay
left Maekara as he was allegedly abusing her. While in Japan, she contacted Fujiki and he eventually helped her to secure
a divorce decree against Maekara.
Fujiki then filed a petition for judicial recognition of the divorce decree and prayed that the second marriage be declared
void ab initio.
PETITIONERS/APPELEE(Optional):
RESPONDENT/APPELLANT(Optional):

RTC RULING: RTC dismissed the case based on improper venue and lack of legal standing of Fujiki.

CA RULING: (direct recourse to SC from RTC)

ISSUES: Whether 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.

HELD: Yes. Petition was granted. Fujiki has the personality to file a petition to recognize the Japanese Family Court
judgment nullifying the marriage between Marinay and Maekara on the ground of bigamy because the judgment concerns
his civil status as married to Marinay. For the same reason he has the personality to file a petition under Rule 108 to cancel
the entry of marriage between Marinay and Maekara in the civil registry on the basis of the decree of the Japanese Family
Court. The prior spouse is entitled to sue in order to declare a bigamous marriage void. For this purpose, he can petition a
court to recognize a foreign judgment nullifying the bigamous marriage and judicially declare as a fact that such judgment
is effective in the Philippines.

DISPOSITIVE PORTION: WHEREFORE, we GRANT the petition. The Order dated 31 January 2011 and the Resolution dated
2 March 2011 of the Regional Trial Court, Branch 107, Quezon City, in Civil Case No. Q-11-68582 are REVERSED and SET
ASIDE. The Regional Trial Court is ORDERED toREINSTATE the petition for further proceedings in accordance with this
Decision. SO ORDERED.

DOCTRINE: The husband or the wife of the prior subsisting marriage is the one who has the personality to file a petition
for declaration of absolute nullity of void marriage

CONCURRING OR DISSENTING OPINIONS (if there are):