Catalan vs.

CA
G.R. No. 167109, February 6, 2007

FACTS:

Petitioner Felicitas Amor- Catalan entered into matrimony with respondent

Orlando on June 4, 1950, in Mabini, Pangasinan. After relocating to the United
States, they purpotedly acquired American citizenship. Following 38 years
marriage, Felicitas and Orlando obtained a divorce in April 1988. A mere two
months after their divorce, specifically on June 16, 1988, Orlando contracted
another marriage with respondent Merope in Calasiao, Pangasinan.
Questioning the legitimacy of this marriage due to Merope’s prior existing
marriage with Eusebio Bristol, the petitioner initiated legal proceedings. She file
petition in the RTC of Dagupan City, seeking to nullify Orlando and Merope’s
marriage and claiming damages. Respondents countered with a motion to
dismiss arguing that Felicitas lacked the proper legal basis to bring the case
forward. Nevertheless, this motion was rejected leading to a subsequent trial
where the merits of the case would be examined.

ISSUE:

Whether the petitioner possesses the legal standing or right to initiate the
petition for the nullification of the marriage between Orlando and Merope

RULING:

The ruling of the case is that the petitioner's legal standing to file the petition for
the nullity of marriage is uncertain due to the absence of crucial evidence
regarding the divorce decree and the foreign law allowing or prohibiting
remarriage. As a result, the court has decided to remand the case back to the
trial court for further proceedings. The trial court is directed to gather additional
evidence to determine whether respondent Orlando was indeed granted a
divorce decree and whether the foreign law that allowed the divorce also
allowed or restricted remarriage. The trial court will assess whether or not the
marriage between respondents should be ruled bigamous and void based on
the outcome of this evidence. The judgement further underlines the concept of
"property interest" as a necessity for filing such petitions, and it emphasizes that
only the husband or wife can file a petition for the absolute nullity of a void
marriage under the applicable law in effect from March 15, 2003.