Richel Dean F. Solis Case Name: Citation: Republic of the Philippines vs.

Crasus Iyoy 470 SCRA 508

Procedural History: Iyoy filed a complaint to declare his marriage null and void. RTC declared the marriage with Fely null and void in favor of Iyoy. OSG filed an appeal to reverse the decision. CA affirmed the RTCs decision.

Facts: Crasus married Fely in the Philippines. Fely left for US and married a US citizen while still a Filipino. Crasus filed for a complaint to nullify the marriage with Psychological Incapacity as grounds.

Issue: Does abandonment and sexual infidelity constitute psychological incapacity?

Ratio Decidendi: 1. There is insufficient evidence to prove that Fely is psychologically incapacitated. (Art. 36 of the Family Code characteristics of psychological incapacity) 2. Fely was still a Filipino citizen when she obtained the divorce decree so the marriage was not annulled. (Art. 15 of the Civil Code bound by Philippine laws even when living abroad ) 3. OSG may intervene with the proceedings as it deems fit, contrary to Iyoys belief. (Art. 48 of the Family Code on the fiscal to represent the State, not specifying the OSG) 4. Felys abandonment and sexual infidelity at most, can be grounds to file for legal separation. (Art. 55 of the Family Code grounds for legal separation ) Holding: Petition granted; CA decision is reversed.