Republic of the Philippines vs Crasus L. Iyoy G.R. NO. 152577. September 21, 2005

Republic of the Philippines vs Crasus L. Iyoy G.R. NO. 152577. September 21, 2005

Chico-Nazario

https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/43815

According to the said Complaint, respondent Crasus married Fely on 16 December 1961 at Bradford Memorial Church, Jones Avenue, Cebu City.  As a result of their union, they had five children – Crasus, Jr., Daphne, Debbie, Calvert, and Carlos – who are now all of legal ages.  After the celebration of their marriage, respondent Crasus discovered that Fely was "hot-tempered, a nagger and extravagant."  In 1984, Fely left the Philippines for the United States of America (U.S.A.), leaving all of their five children, the youngest then being only six years old, to the care of respondent Crasus.  Barely a year after Fely left for the U.S.A., respondent Crasus received a letter from her requesting that he sign the enclosed divorce papers; he disregarded the said request.  Sometime in 1985, respondent Crasus learned, through the letters sent by Fely to their children, that Fely got married to an American, with whom she eventually had a child.  In 1987, Fely came back to the Philippines with her American family, staying at Cebu Plaza Hotel in Cebu City.  Respondent Crasus did not bother to talk to Fely because he was afraid he might not be able to bear the sorrow and the pain she had caused him.  Fely returned to the Philippines several times more: in 1990, for the wedding of their eldest child, Crasus, Jr.; in 1992, for the brain operation of their fourth child, Calvert; and in 1995, for unknown reasons.  Fely continued to live with her American family in New Jersey, U.S.A.  She had been openly using the surname of her American husband in the Philippines and in the U.S.A.  For the wedding of Crasus, Jr., Fely herself had invitations made in which she was named as "Mrs. Fely Ada Micklus." At the time the Complaint was filed, it had been 13 years since Fely left and abandoned respondent Crasus, and there was no more possibility of reconciliation between them

## Issues

* The totality of evidence presented during trial is insufficient to support the finding of psychological incapacity of Fely.
* The psychological incapacity must be characterized by –

(a) Gravity – It must be grave or serious such that the party would be incapable of carrying out the ordinary duties required in a marriage;
(b) Juridical Antecedence – It must be rooted in the history of the party antedating the marriage, although the overt manifestations may emerge only after the marriage; and
(c) Incurability – It must be incurable or, even if it were otherwise, the cure would be beyond the means of the party involved.

* Fely's hot-temper, nagging, and extravagance; her abandonment of respondent Crasus; her marriage to an American; and even her flaunting of her American family and her American surname, may have hurt and embarrassed respondent Crasus and the rest of the family.  Nonetheless, the afore-described characteristics, behavior, and acts of Fely do not satisfactorily establish a psychological or mental defect that is serious or grave, and which has been existence at the time of celebration of the marriage, and is incurable.  Even when the rules have been relaxed and the personal examination of Fely by a psychiatrist or psychologist is no longer mandatory for the declaration of nullity of their marriage under Article 36 of the Family Code of the Philippines, the totality of evidence presented during trial by respondent Crasus, as the spouse seeking the declaration of nullity of marriage, must still prove the gravity, judicial antecedence, and incurability of the alleged psychological incapacity; which, it failed to do so herein.
* Article 26, paragraph 2 of the Family Code of the Philippines is not applicable to the case at bar.

According to Article 26, paragraph 2 of the Family Code of the Philippines –
    Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine law.

* As it is worded, Article 26, paragraph 2, refers to a special situation wherein one of the married couple is a foreigner who divorces his or her Filipino spouse.  By its plain and literal interpretation, the said provision cannot be applied to the case of respondent Crasus and his wife Fely because at the time Fely obtained her divorce, she was still a Filipino citizen.  Although the exact date was not established, Fely herself admitted in her Answer filed before the RTC that she obtained a divorce from respondent Crasus sometime after she left for the United States in 1984, after which she married her American husband in 1985.  In the same Answer, she alleged that she had been an American citizen since 1988.  At the time she filed for divorce, Fely was still a Filipino citizen, and pursuant to the nationality principle embodied in Article 15 of the Civil Code of the Philippines, she was still bound by Philippine laws on family rights and duties, status, condition, and legal capacity, even when she was already living abroad.  Philippine laws, then and even until now, do not allow and recognize divorce between Filipino spouses.  Thus, Fely could not have validly obtained a divorce from respondent Crasus.
* The Solicitor General is authorized to intervene, on behalf of the Republic, in proceedings for annulment and declaration of nullity of marriages.
* While it is the prosecuting attorney or fiscal who actively participates, on behalf of the State, in a proceeding for annulment or declaration of nullity of marriage before the RTC, the Office of the Solicitor General takes over when the case is elevated to the Court of Appeals or this Court.  Since it shall be eventually responsible for taking the case to the appellate courts when circumstances demand, then it is only reasonable and practical that even while the proceeding is still being held before the RTC, the Office of the Solicitor General can already exercise supervision and control over the conduct of the prosecuting attorney or fiscal therein to better guarantee the protection of the interests of the State.

While this Court commiserates with respondent Crasus for being continuously shackled to what is now a hopeless and loveless marriage, this is one of those situations where neither law nor society can provide the specific answer to every individual problem.

## Decisions

WHEREFORE, the Petition is GRANTED and the assailed Decision of the
Court of Appeals in CA-G.R. CV No. 62539, dated 30 July 2001, affirming
the Judgment of the RTC of Cebu City, Branch 22, in Civil Case No.
CEB-20077, dated 30 October 1998, is REVERSED and SET ASIDE.  The
marriage of respondent Crasus L. Iyoy and Fely Ada Rosal-Iyoy remains
valid and subsisting.