1) CATALAN vs.

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

Facts:
Felicitas Catalan married Orando on June 4, 1950. They migrated to USA and
became naturalized citizens thereof. On April 1988, they divorced.
June 16, 1988, Orlando married Merope in Pangasinan. Later, Felicitas filed a
petition for declaration of nullity of marriage with RTC Dagupan against Orlando and
Merope, contending that Merope has a prior subsisting marriage with Eusebio Bristol.
RTC ruled in favor of Felicitas.

Issue: Whether Felicitas has the personality to file a petition for the declaration of
nullity of marriage of Orlando on the ground of bigamy.

Held: There is no specific provision as to who can file a petition to declare the nullity
of marriage under the New Civil Code, which is the law governing at the time of
marriage between Orlando and Merope, nor even in the Family Code. however, only
a party who can demonstrate proper interest can file the same. A petition to declare
the nullity of marriage must be prosecuted or defended in the name of the real party
in interest and must be based on a cause of action.
In the instant case, Felicitas personality to file the petition to declare the nullity of
marriage cannot be ascertained due to the absence of the divorce decree and the
foreign law allowing it. Thus, the case is remanded to trial court for reception of
additional evidence necessary.