G.R. No. 152577 - Republic vs. Iyoy

Crasus L. Iyoy and Fely Ada Rosal were married on December 16, 1961 at Bradford Memorial Church, Cebu City; they had five children (Crasus Jr., Daphne, Debbie, Calvert, Carlos).
Marital discord arose: Fely was described as “hot-tempered, a nagger and extravagant.” In 1984 she left for the U.S., leaving the children with Crasus; she later married an American and had another child.

On March 25, 1997 Crasus filed a Complaint for declaration of nullity under Article 36 of the Family Code, alleging Fely’s incurable psychological incapacity.
On June 5, 1997 Fely filed an Answer and Counterclaim: she denied the allegations, asserted she left for financial reasons, continued to support the family, became a U.S. citizen in 1988, secured a foreign divorce, and remarried; she counter-claimed for nullity and damages.
Attempts to depose Fely and their children before Philippine consuls in New York and California failed; the RTC deemed Fely to have waived her right to present evidence and considered the case submitted.
On October 30, 1998 the RTC declared the marriage null and void ab initio for psychological incapacity.

On July 30, 2001 the Court of Appeals affirmed, adding that under Article 26(2) the foreign-divorced alien spouse’s Filipino partner gains capacity to remarry.
The Republic of the Philippines (Office of the Solicitor General) petitioned for review on certiorari, challenging the findings on psychological incapacity, the applicability of Article 26(2), and the Solicitor General’s authority to intervene.

Whether Fely’s conduct and the evidence presented establish the grave, antecedent, and incurable psychological incapacity required by Article 36 of the Family Code.
Whether Article 26(2) of the Family Code applies to Fely’s foreign divorce and remarriage.
Whether the Solicitor General is authorized to intervene on behalf of the State in annulment/nullity proceedings.