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NARRATOR: Petitioner Minoru Fujiki (Fujiki) is a Japanese national who married respondent

Maria Paz Galela Marinay (Marinay) in the Philippines on 23 January 2004. The marriage did
not sit well with petitioner's 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 on 15 May 2008 in Quezon City, Philippines. 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.
Sub-scene Fujiki vs. Marinay
Setting : house
[ scene 1 ] Airport scene: *Minoru fujiki arrives (sound on) ( Maria and shinichi sitting on the
couch watching Television pa sweet2) ( Minoru comes in and saw them both)
Minoru : "Maria!" You unfaithful wife in japanese
Maria : " Minoru? Wait, I can explain...."
Minoru: " No!, you know, I came back for you and was gonna surprise you but... (*shakes head
in disgust) but it turns out it's the other way around. " (Maria's belo fell) symbol na nagbulag sila
ni fujiki

Scene 2: Setting : across the street (Maria walking while searching for something in her bag)
(Minoru walking hurrily while calling ) (Not seeing each other and Bumps into each other
dropping minoru's phone.) (Minoru about to pick his phone back and Maria about to help)
Maria:" i'm sorr...." (Minoru and Maria looking into each other's eyes) (sound on: muling ibalik na
song) Minoru: "....hi."
-end scene-
Narrator: In resolving the issue of 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, this Court agreed and ruled Fujiki has the
personality to file a petition to recognize the Japanese Family Court judgment nullifying the
marriage between Marinay and Mackara 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 I 08 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. [Going back to the
case of Manalo] Narrator: Invoking the nationality principle is erroneous. Such principle, found
under Article 15 of the Civil Code, is not an absolute and unbending rule. In fact, the mere
existence of Paragraph 2 of Article 26 is a testament that the State may provide for an exception
thereto. Moreover, blind adherence to the nationality principle must be disallowed if it would
cause unjust discrimination and oppression to certain classes of individuals whose rights are
equally protected by law. The courts have the duty to enforce the laws of divorce as written by
the Legislature only if they are constitutional." There is no real and substantial difference
between a Filipino who initiated a foreign divorce proceedings and a Filipino who obtained a
divorce decree upon the instance of his or her alien spouse. In the eyes of the Philippine and
foreign laws, both are considered as Filipinos who have the same rights and obligations in a
alien land. The circumstances surrounding them are alike. Were it not for Paragraph 2 of Article
26, both are still married to their foreigner spouses who are no longer their wives/husbands.
Hence, to make a distinction between them based merely on the superficial difference of
whether they initiated the divorce proceedings or not is utterly unfair. Indeed, the treatment
gives undue favor to one and unjustly discriminate against the other.

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