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Case Brief Republic vs Iyoy

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Published by Jaja Gako
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VICCA
LORAINE
GAKOCase
Name:

Republic of the
Philippines vs
Crasus Iyoy
Citation:
470 SCRA 508
Procedural
History:

This case is a
petition for review
by the RP
represented by
OSGon certiorari
praying for the
reversal of the
decision of the

CA affirming the
judgment ofthe
RTC declaring the
marriage of
Crasus and Fely
Iyoy null and void
based on
Article36 of the

Family Code of
the Philippines.
Facts:
Crasus and Fely
Iyoy married on
December 16,
1961 which they
had fivechildren.

In 1984, Fely
went to the United
States and at the
same year sent
divorcepapers to
Crasus asking the
latter to sign
them. In 1985,

Crasus found out

that Felymarried
an American
Citizen named
Stephen Micklus
and eventually
bore him a
child.Fely went

back to the
Philippines
occasionally,
including once
when she attended
themarriage of
one of her
children where

she freely used

the surname of
her
secondhusband in
the invitations. On
March 1997,
Crasus filed a
complaint for

declaration
ofnullity in their
marriage in the
ground of
psychological
incapacity since
Felyunambiguous
ly brought

danger and
dishonor to the
family.
Fely however
filed
acounterclaim and
avouched therein
that Crasus was a

drunkard,
womanizer,
and jobless, the
reason forced the
former to left for
the United States.
Furthermore,
Felyargued her

marriage to
Stephen Micklus
valid since she
s already an
American Citizen
and therefore not
covered by our
laws.

Issue:
Whether or not
the abandonment
and sexual
infidelity per se
constitutepsychol
ogical incapacity?
Ratio Decidendi:

No since the
evidences
presented by the
respondent failed
to
provepsychologic
al incapacity as
the Article 36 of

the Family Code

contemplates
downrightincapaci
ty 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
errantspouse.
Irreconcilable
differences,

conflicting
personalities,
emotional
immaturity
andirresponsibilit
y, physical abuse,
habitual
alcoholism, sexual

infidelity or
perversion, and
abandonment, by
themselves, also
do not warrant a
finding of
psychological

incapacityunder
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

thatcuts the
marital bond at
the time the
causes therefore
manifest
themselves. It
refers to aserious

psychological
illness afflicting
apart even before
the celebration of
marriage. It isa
malady so grave
and so permanent
as to deprive one

of awareness of
the duties
andresponsibilitie
s of the
matrimonial bond
one is about to
assume

(Republic vs Iyoy
G.R.No. 152577)
.
Holding:
Petition granted;
CA Decision
reversed
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