Before us is a Petition for Review assailing the Court of Appeals (CA) Decision
and Resolution regarding the issuance of letters of administration of the
intestate estate of Orlando B. Catalan.
This petition for review assails the Decision of the Court of Appeals in CA-G.R.
CV No. 69875 dated August 6, 2004, which reverse the Decision of the
Regional Trial Court (RTC) of Dagupan City, Branch 44, in Civil Case No. D10636, declaring the marriage between respondents Orlando B. Catalan and
Merope E. Braganza void on the ground of bigamy, as well as the Resolution
dated January 27, 2005, which denied the motion for reconsideration.
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 Meropein Calasiao,
Pangasinan.Contending that said marriage was bigamous since Merope had a
prior subsisting marriage with EusebioBristol, petitioner 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 partyin-interest, but it was denied. Trial on the merits ensued. On October 10,
2000, the RTC rendered judgment in favor of the petitioner. A motion for
reconsideration was filed by the respondent before appellate court and ruled
in favor of her reversing the decision of the trial court. Petitioner filed a
motion for reconsideration but the same was dismissed by the appellate
court. Petitioner contends that the bigamous marriage of the respondents,
which brought embarrassment to her and her children, confers upon her an
interest to seek judicial remedy to address her grievances and to protect her
family from further embarrassment and humiliation. She claims that the
Court of Appeals committed reversible error in not declaring the marriage
void despite overwhelming evidence and the state policy discouraging illegal
and immoral marriages.
ISSUE:
Whether or not petitioner has the personality to file a petition for the
declaration of nullity of marriage of the respondents on the ground of bigamy.
HELD:
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 oramensaetthoro;or the foreign law may restrict remarriage even
after the divorce decree becomes absolute.In such case, the RTC would be
correct to declare the marriage of the respondents void for being bigamous,
there being already in evidence two existing marriage certificates, which
were both obtained in the Philippines, one in Mabini, Pangasinan dated
December 21, 1959 between Eusebio Bristol and respondent
Merope,and the other, in Calasiao, Pangasinan dated June 16, 1988 between
the respondents.However, if there was indeed a divorce decree obtained and
which, following the national law of Orlando, does not restrict remarriage, the
Court of Appeals would be correct in ruling that petitioner has no legal
personality to file a petition to declare the nullity of marriage, thus:
Freed from their existing marital bond, each of the former spouses no longer
has any interest nor should each have the personality to inquire into the
marriage that the other might subsequentlycontract. x x x Viewed from
another perspective, Felicitas has no existing interest in Orlandos
subsequent marriage since the validity, as well as any defect or infirmity, of
this subsequent marriage will not affect the divorced status of Orlando and
Felicitas.In fine, petitioners personality to file the petition to declare the
nullity of marriage cannot be ascertained because of the absence of the
divorce decree and the foreign law allowing it. Hence, a remand of the case
to the trial court for reception of additional evidence is necessary to
determine whether respondent Orlando was granted a divorce decree and
whether the foreign law which granted the same allows or restricts
remarriage. If it is proved that a valid divorce decree was obtained and the
same did not allow respondent Orlandos remarriage, then the trial court
should declare respondents marriage as bigamous and void ab initio but
reduce the amount of moral damages from P300,000.00 to P50,000.00 and
exemplary damages from P200,000.00 to P25,000.00. On the contrary, if it is
proved that a valid divorce decree was obtained which allowed Orlando to
remarry, then the trial court must dismiss the instant case.
Brand Marine Services, Inc. (BMSI), a corporation duly organized & existing
under the laws of Connecticut, &Stockton Rouzie, Jr., an American citizen,
entered into a contract
Rouzie secured a service contract w/ the Rep. of Phil. on behalf of BMSI for
the dredging of rivers affected by the Mt.Pinatubo eruption & mudflows.
Rouzie filed before the NLRC a suit against BMSI and Rust International (Rust)
for alleged nonpayment of commissions, illegal termination, & breach of
employment contract.
Upon appeal, the NLRC reversed & dismissed Rouzies complaint on the
ground of lack of jurisdiction.
Rouzie filed an action for damages before the RTC of La Union (where he was
a resident) against RaytheonInternational. He reiterated that he was not paid
the commissions due him from the Pinatubo dredging project w/c hesecured
on behalf of BMSI. The complaint also averred that BMSI, RUST and Raytheon
had combined & functionedas 1 company.
FACTS:
Petitioner, a domestic corporation which recruits Filipino workers,
hired respondent as Civil Structural Superintendent to work in Saudi
Arabia for its principal, Mohammad Al-Mojil Group/Establishment
(MMG). On February 26, 1992, respondent signed his first overseas
employment contract, renewable after one year. It was renewed five
times on the following dates: May 10, 1993, November 16, 1994,
January 22, 1996, April 14, 1997, and March 26, 1998. All were fixedperiod contracts for one year. The sixth and last contract stated that
respondent's employment starts upon reporting to work and ends
when he leaves the work site. Respondent left Saudi Arabia on April
30, 1999 and arrived in the Philippines on May 1, 1999.
On May 28, 1999, respondent informed MMG, through the petitioner,
that he needs to extend his vacation because his son was
hospitalized. He also sought a promotion with salary adjustment.[3]
In reply, MMG informed respondent that his promotion is subject to
management's review; that his services are still needed; that he was
issued a plane ticket for his return flight to Saudi Arabia on May 31,
1999; and that his decision regarding his employment must be made
within seven days, otherwise, MMG "will be compelled to cancel [his]
slot." On July 6, 1999, respondent resigned.
Under the Law of Saudi Arabia, an employee who rendered at least
five (5) years in a company within the jurisdiction of Saudi Arabia, is
entitled to the so-called long service award which is known to others
as longevity pay of at least one half month pay for every year of
service. In excess of five years an employee is entitled to one month
pay for every year of service. In both cases inclusive of all benefits
and allowances.
ISSUE:
1.
WON respondent is entitled to a service award or longevity
pay of US$12,640.33 under the provisions of the Saudi Labor Law;
and
2.
WON prescription barred respondent's claim for service award
as the complaint was filed one year and seven months after the sixth
contract ended.
RULING:
1.
Respondent's service award under Article 87 of the Saudi Labor
Law has already been paid.
Article 87 clearly grants a service award. It reads:
Article 87
2.
On the matter of prescription, however, we cannot agree with
petitioner that respondent's action has prescribed under Article 13
of the Saudi Labor Law. What applies is Article 291 of our Labor Code
which reads:
ART. 291. Money claims. -- All money claims arising from employeremployee relations accruing during the effectivity of this Code shall
be filed within three (3) years from the time the cause of action
accrued; otherwise they shall be forever barred.
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