Republic v. Crasus L. Iyoy
G.R. No. 152577
September 21, 2005
Facts:
Crasus Iyoy married Fely on December 16, 1961. In 1984, Fely left the Philippines and went to the United States, leaving their five children. Sometime in 1984, Fely filed for a divorce in the United States and later married Stephen Micklus in 1988. Since 1988, she has become a US citizen.
Issue:
Was the divorce obtained by Fely in the United States valid in the Philippines?
Ruling:
No. At the time Fely acquired the divorce, she was still a Filipino citizen. Hence, Article 15 of the Civil Code still applies to her, which states
Laws relating to family rights and duties, or to the status, condition, and legal capacity of persons are binding upon citizens of the Philippines even though living abroad.
Since divorce is not recognized in the Philippines, the divorce obtained by Fely abroad is not valid.
In addition, the Court ruled that Article 26, paragraph 2, which provides
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 incapacitating him or her to remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine law
does not apply in this case because it was only in 1988, four years after she obtained the divorce, that Fely became an American citizen. The provision only applies to mixed marriages where one of the parties is a foreigner at the time the divorce was acquired.
Hence, Fely and Rederick are still considered married in the Philippines.
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