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    Republic v. Iyoy

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    Don Salamidaa
    The Supreme Court of the Philippines ruled on the validity of the marriage between Crasus Iyoy and Fely Ada Rosal-Iyoy. The lower courts had ruled the marriage null and void based on Article 26(2) of the Family Code, which allows a Filipino spouse to remarry if their foreign spouse obtains a valid divorce abroad. However, the Supreme Court found that Article 26(2) did not apply because Fely was still a Filipino citizen when she obtained her divorce, not a foreigner. Therefore, the Supreme Court concluded the marriage between Crasus and Fely was valid and still existed, overturning the lower courts.

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    Republic v. Iyoy

    Uploaded by

    Don Salamidaa
    60 views1 page
    The Supreme Court of the Philippines ruled on the validity of the marriage between Crasus Iyoy and Fely Ada Rosal-Iyoy. The lower courts had ruled the marriage null and void based on Article 26(2) of the Family Code, which allows a Filipino spouse to remarry if their foreign spouse obtains a valid divorce abroad. However, the Supreme Court found that Article 26(2) did not apply because Fely was still a Filipino citizen when she obtained her divorce, not a foreigner. Therefore, the Supreme Court concluded the marriage between Crasus and Fely was valid and still existed, overturning the lower courts.

    Original Title

    9. Republic v. Iyoy

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    The Supreme Court of the Philippines ruled on the validity of the marriage between Crasus Iyoy and Fely Ada Rosal-Iyoy. The lower courts had ruled the marriage null and void based on Article 26(2) of the Family Code, which allows a Filipino spouse to remarry if their foreign spouse obtains a valid divorce abroad. However, the Supreme Court found that Article 26(2) did not apply because Fely was still a Filipino citizen when she obtained her divorce, not a foreigner. Therefore, the Supreme Court concluded the marriage between Crasus and Fely was valid and still existed, overturning the lower courts.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    60 views1 page

    Republic v. Iyoy

    Uploaded by

    Don Salamidaa
    The Supreme Court of the Philippines ruled on the validity of the marriage between Crasus Iyoy and Fely Ada Rosal-Iyoy. The lower courts had ruled the marriage null and void based on Article 26(2) of the Family Code, which allows a Filipino spouse to remarry if their foreign spouse obtains a valid divorce abroad. However, the Supreme Court found that Article 26(2) did not apply because Fely was still a Filipino citizen when she obtained her divorce, not a foreigner. Therefore, the Supreme Court concluded the marriage between Crasus and Fely was valid and still existed, overturning the lower courts.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Keyword: Crasus Resolution:

    No.
    Republic v. Iyoy Principles:
    G.R. No. 152577, September 21, Legal Basis

    2005 According the Article 26 (2) of the Family Code of the


    Philippines …
    Chico-Nazario, J:
    The article mentioned above refers to a special situation
    Topic: wherein one of the couple getting married is a Filipino
    citizen and the other a foreigner at the time the
    Article 26 (2) of the Family Code marriage was celebrated. By its plain and literal
    interpretation, the said provision cannot be applied to
    Facts: the case of respondent Crasus and his wife Fely because
    The Republic filed the instant Petition before this Court at the time Fely obtained her divorce, she was still
    against Crasus L. Iyoy, prayed for the reversal of the Filipino citizen.
    Court of Appleals, dated 30 July 2001, affirming the The Court arrives at a conclusion contrary to those of
    Judgment of Regional Trial Court of Cebu City, Branch the RTC and the Court of Appeals and sustains the
    22, dated 30 October 1998 declaring the marriage validity and existence of the marriage between Crasus
    between Crasus and Fely Ada Rosal-Iyoy null and void; and Fely.
    after the The Republic’s Motion for Reconsideration was
    denied in a Resolution by the Court of Appeals, dated 8
    March 2002.

    According to The Republic, the Court of appeals


    committed serious errors of law in ruling that Article 26
    (2) of the Family Code is inapplicable to the case at bar.

    The Regional Trial Court, affirmed by the Court of


    Appeals, held that as Article 6 (2) state “where 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.” The mentioned article
    was applied when Fely was able to file a divorce, with
    papers signed by Crasus, by virtue that Fely acquired
    her American husband’s citizenship and thus becoming
    an alien as well. The Courts granted to them the benefit
    of Article 26.

    Issues:
    Whether or not the divorce of Crasus and Fely is valid,
    by virtue of the Fely’s American citizenship which she
    adapted from marrying her American husband, Stephen
    Micklus.

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