G.R. No. 73611 - Penales vs. Intermediate Appellate Court

Maria Rebecca Makapugay and Vicente Madrigal Bayot married on April 20, 1979 at Sanctuario de San Jose, Greenhills, Mandaluyong City. The marriage certificate identified Rebecca, then 26, as an American citizen born in Agaña, Guam to American parents.
On November 27, 1982 in San Francisco, California, the couple’s only child, Marie Josephine Alexandra (“Alix”), was born.

On February 22, 1996, the Court of First Instance of Santo Domingo issued Civil Decree No. 362/96 dissolving Rebecca and Vicente’s marriage, awarding joint custody and guardianship of Alix, and leaving the parties free to remarry after completing legal requirements.
On March 4, 1997, Civil Decree No. 406/97 confirmed the couple’s property settlement pursuant to their December 14, 1996 Agreement, which limited conjugal property to the real property at 502 Acacia Avenue, Alabang, Muntinlupa City.

On March 14, 1996, Rebecca filed a petition for declaration of nullity of marriage, later withdrawn with approval on November 14, 1996.
On May 29, 1996, she executed an Affidavit of Acknowledgment stating under oath her American citizenship, separate living since 1993, and pregnancy by another man.

On March 21, 2001, Rebecca filed for absolute nullity of marriage on grounds of psychological incapacity, seeking support pendente lite (₱220,000/month) and permanent support for Alix.
Vicente moved to dismiss on lack of cause of action and bar by foreign divorce; Rebecca opposed, insisting on Filipino citizenship and absence of valid divorce.
On June 8, 2001, RTC Branch 256 denied the motion to dismiss and granted support pendente lite of ₱220,000/month. A subsequent motion for reconsideration was denied on November 20, 2001.

Vicente filed a petition for certiorari and sought TRO/preliminary injunction to enjoin the RTC orders.
On January 9, 2002, the CA issued a TRO; on April 30, 2002, it granted a writ of preliminary injunction enjoining implementation of the June 8 and November 20, 2001 RTC orders upon ₱250,000 bond. Reconsideration was denied on September 2, 2002.

Rebecca assailed the CA Decision of March 25, 2004 dismissing Civil Case No. 01-094 for failure to state a cause of action and setting aside the RTC orders, and the CA Resolution of June 4, 2004 denying reconsideration.
On August 11, 2004, the Supreme Court consolidated G.R. Nos. 155635 and 163979 for resolution.

Whether the CA gravely erred in enjoining the implementation of the RTC’s orders granting Rebecca support pendente lite.

Whether the CA erred in not considering Rebecca’s Filipino citizenship as alleged in her petition.
Whether the CA erred in relying solely on annexes to the petition.
Whether the CA erred in failing to recognize Vicente’s estoppel from denying the dissolution of marriage.
Whether the CA erred in finding grave abuse of discretion by the RTC.