Amor-Catalan v CA
2007
2007
Article 15. Laws relating to family rights and duties, or to the status,
condition and legal capacity of persons are binding upon citizens of the
Philippines, even though living abroad. (9a)
Article
17. The forms and
solemnities of contracts, wills, and other public instruments shall be governed
by the laws of the country in which they are executed.
When the
acts referred to are executed before the diplomatic or consular officials of
the Republic of the Philippines in a foreign country, the solemnities
established by Philippine laws shall be observed in their execution.
Prohibitive laws concerning persons, their acts or property,
and those which have for their object public order, public policy and good
customs shall not be rendered ineffective by laws or judgments promulgated, or
by determinations or conventions agreed upon in a foreign country.
G.R.
No. 167109 February
6, 2007
FELICITAS AMOR-CATALAN, Petitioner, vs. COURT OF APPEALS, MANILA, ORLANDO B. CATALAN and MEROPE E. BRAGANZA, Respondents.
FELICITAS AMOR-CATALAN, Petitioner, vs. COURT OF APPEALS, MANILA, ORLANDO B. CATALAN and MEROPE E. BRAGANZA, Respondents.
FACTS:
Petitioner Felicitas Amor-Catalan married respondent Orlando on June 4, 1950 in Mabini, Pangasinan. Thereafter, they migrated to the United States of America and allegedly became naturalized citizens thereof. After 38 years of marriage, Felicitas and Orlando divorced in April 1988. Two months after the divorce, or on June 16, 1988, Orlando married respondent Merope in Calasiao, Pangasinan. Contending that said marriage was bigamous since Merope had a prior subsisting marriage with Eusebio Bristol, petitioner Amor-Catalan filed a petition for declaration of nullity of marriage with damages in the RTC of Dagupan City against Orlando and Merope.
Respondents filed a motion to dismiss on the ground of lack of cause of action as petitioner was allegedly not a real party-in-interest, but it was denied.
DECISION OF LOWER COURTS:
(1) RTC – Dagupan: declaring the marriage between respondents Orlando B. Catalan and Merope E. Braganza void on the ground of bigamy.
(2) CA: reversed RTC.
Petitioner Felicitas Amor-Catalan married respondent Orlando on June 4, 1950 in Mabini, Pangasinan. Thereafter, they migrated to the United States of America and allegedly became naturalized citizens thereof. After 38 years of marriage, Felicitas and Orlando divorced in April 1988. Two months after the divorce, or on June 16, 1988, Orlando married respondent Merope in Calasiao, Pangasinan. Contending that said marriage was bigamous since Merope had a prior subsisting marriage with Eusebio Bristol, petitioner Amor-Catalan filed a petition for declaration of nullity of marriage with damages in the RTC of Dagupan City against Orlando and Merope.
Respondents filed a motion to dismiss on the ground of lack of cause of action as petitioner was allegedly not a real party-in-interest, but it was denied.
DECISION OF LOWER COURTS:
(1) RTC – Dagupan: declaring the marriage between respondents Orlando B. Catalan and Merope E. Braganza void on the ground of bigamy.
(2) CA: reversed RTC.
ISSUES:
(1) Whether
the petitioner and respondent Orlando had indeed become naturalized American
citizens and whether they had actually been judicially granted a divorce
decree.
(2) Whether petitioner has the personality to file a petition for the declaration of nullity of marriage of the respondents on the ground of bigamy
(2) Whether petitioner has the personality to file a petition for the declaration of nullity of marriage of the respondents on the ground of bigamy
RULING:
(1) The records are bereft of competent evidence to prove their naturalization and divorce. Before it can be recognized by our courts, the party pleading it must prove the divorce as a fact and demonstrate its conformity to the foreign law allowing it, which must be proved considering that our courts cannot take judicial notice of foreign laws.
(2) Without the divorce decree and foreign law as part of the evidence, we cannot rule on the issue of whether petitioner has the personality to file the petition for declaration of nullity of marriage. After all, she may have the personality to file the petition if the divorce decree obtained was a limited divorce or a mensa et thoro; or the foreign law may restrict remarriage even after the divorce decree becomes absolute.
(1) The records are bereft of competent evidence to prove their naturalization and divorce. Before it can be recognized by our courts, the party pleading it must prove the divorce as a fact and demonstrate its conformity to the foreign law allowing it, which must be proved considering that our courts cannot take judicial notice of foreign laws.
(2) Without the divorce decree and foreign law as part of the evidence, we cannot rule on the issue of whether petitioner has the personality to file the petition for declaration of nullity of marriage. After all, she may have the personality to file the petition if the divorce decree obtained was a limited divorce or a mensa et thoro; or the foreign law may restrict remarriage even after the divorce decree becomes absolute.
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