RP v IYOY

Facts:
On December 16, 1961 Crasus Iyoy and Fely Rosal-Iyoy married each other and had five
children. In 1984, Fely went to the US and in the same year, she sent letters to Crasus asking
him to sign their divorce papers. The following year, Crasus learned that Fely had already
contracted marriage with an American and that they had a child. Fely went back to the
Philippines on several occasions, during one she attended the marriage of one of her children in
which she used the last name of her American husband as hers in the invitation.
In 1997, Crasus filed a complaint for declaration of nullity of his marriage with Fely alleging that
Felys acts brought danger and dishonor to the family and were manifestations of her
psychological incapacity. Crasus submitted his testimony, the certification of the recording of
their marriage contract, and the invitation where Fely used her new husbands last name as
evidences.
Fely denied the claims and asserted that Crasus was a drunkard and a womanizer. She claimed
that since 1988 she had already become an American citizen which prevents her from being
covered by Philippine laws.
Issue:
WON the marriage of Crasus and Fely remains valid
Held:
YES. The abandonment, sexual infidelity and the act of bigamy are grounds for legal separation
under Article 55 of the Family Code, but these acts do not give respondent enough basis to file
for declaration of nullity under Article 36 of the same code. The said article provides that
irreconcilable differences, conflicting personalities, emotional immaturity and irresponsibility,
physical abuse, habitual alcoholism, sexual infidelity or perversion, and abandonment, by
themselves, also do not warrant a finding of psychological incapacity. Hence, the marriage
remains valid.