Republic of the Philippines vs Crasus Iyoy

G.R. No. 152577

September 21, 2005
CHICO-NAZARIO, J.

Issue:
Whether the divorce decree acquired by Fely from the United States is valid and
recognized in the Philippines

Facts:
This was a case wherein the husband, Crasus Iyoy, filed a petition for the nullity of their
marriage with his wife, Fely. It was when Fely left the Philippines for the United States when
Iyoy received a letter from her requesting that he sign the enclosed divorce papers, however,
Iyoy disregarded the letter. After sometime, Iyoy just got knowledge that Fely had already been
married to an American abroad.

Iyoy then filed a nullity of marriage due to psychological incapacity of his wife. Fely
alleged that after securing a divorce from Iyoy she married her American husband and acquired
American citizenship. She argued that her marriage to her American husband was legal because
now being an American citizen, her status shall be governed by the law of her present
nationality.

RTC declared the marriage between Iyoy and Fely null and void ab initio but petitioner
republic finds RTC’s judgment contrary to law and evidence thus raise the issue to CA, wherein
it invokes Article 26 of the Family Code. A petition was raised to the higher court and among the
arguments was that Court of Appeals committed serious errors of law in ruling that Article 26,
paragraph 2 of the Family Code is inapplicable to the case at bar.[18]

Decision:
No, the divorce decree acquired by Fely was not valid. Fely obtained her divorce when
she was still a Filipino citizen. In a literal meaning of paragraph two of Article 26 cannot be
applied in such a way that, Fely is not yet considered an alien at the time the divorce was
acquired and therefore she does not have the capacity to remarry and the marriage is still
considered as subsisting.

RKKY Digest