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Facts: Crasus and Fely Iyoy married on December 16, 1961 which they had five
children. In 1984, Fely went to the United States and at the same year sent divorce
papers to Crasus asking the latter to sign them. In 1985, Crasus found out that Fely
married an American Citizen named Stephen Micklus and eventually bore him a
child. Fely went back to the Philippines occasionally, including once when she
attended the marriage of one of her children where she freely used the surname of
her second husband in the invitations. On March 1997, Crasus filed a complaint for
declaration of nullity in their marriage in the ground of psychological incapacity
since Fely unambiguously brought danger and dishonor to the family. Fely
however filed a
counterclaim and avouched therein that Crasus was a drunkard, womanizer, and
jobless, the reason forced the former to left for the United States. Furthermore, Fely
argued her marriage to Stephen Micklus valid since shes already an American
Citizen
and therefore not covered by our laws.
Issue: Whether or not the abandonment and sexual infidelity per se constitute
psychological incapacity?
Ratio Decidendi: No since the evidences presented by the respondent failed to
prove
psychological incapacity as the Article 36 of the Family Code contemplates
downright
incapacity or inability to take cognizance of and to assume the basic marital
obligations;
not a mere refusal, neglect or difficulty, much less, ill will, on the part of the errant
spouse. 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
under the said Article (Republic vs Iyoy G.R. No. 152577).
In conclusion, Article 36 of the Family code is not to be confused with a divorce law
that
cuts the marital bond at the time the causes therefore manifest themselves. It
refers to a
serious psychological illness afflicting apart even before the celebration of marriage.
It is
a malady so grave and so permanent as to deprive one of awareness of the duties
and
responsibilities of the matrimonial bond one is about to assume (Republic vs Iyoy
G.R.
No. 152577).
Holding: Petition granted; CA Decision reversed