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Teves vs People
G.R. No. 188775, [August 24, 2011]
DOCTRINE: Where the absolute nullity of a previous marriage is sought to be invoked for purposes of contracting a second marriage, the sole basis acceptable in law for said projected marriage to be free from legal infirmity is a final judgment declari ng the previous marriage void. A judicial declaration of nullity is required before a valid subsequent marriage can be contracted; or else, what transpires is a bigamous marriage, reprehensible and immoral.
FACTS: Cenon Teves / Thelma married 1992 Nov 26 – – married After marriage, work abroad
Cenon Teves
Edita
Bigamy or not? YES!
Bigamy or not? NO! only if
…
1 st marriage annulled married 2001 Dec 10 – – married
found out hubby 2 2002 – – found timer 2006 – – bigamy bigamy complaint filed by Thelma’s Thelma ’s uncle marriage annulled 2006 May – – marriage (ground: physical incapacity of Thelma, FC Art. 36); Cert of Finality, 27 Jun 2006
1st marriage 2006 May – – 1 annulled
2006 June – Cenon charged – Cenon with bigamy (RPC Article 349) ISSUE: Whether petitioner may be held guilty for the crime of Bigamy (Article 346, RPC) despite the judicial declaration that his previous marriage with Thelma was already null and void by that time. Cenon: “there is in effect no marriage at all, and thus, there is no bigamy to speak of.” HELD: It does not matter whether the case for declaration of nullity was filed before the case for bigamy was instituted, for as long as the offender contracted a subsequent marriage while his previous marriage is subsisting thereby not being able to secure a Declaration of Nullity of the First marriage AT THE TIME HE CONTRACTED THE SECOND M ARRIAGE. RATIO: The instant case has all the elements of the crime of bigamy under Article 349 of the Revised Penal Code: The penalty of prision mayor shall be imposed upon any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or before the ab sent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings. The elements of this crime are as follows: 1. That the offender has been legally married; 2. That the marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the Civil Code; 3. That he contracts a second or subsequent marriage; and 4. That the second or subsequent marriage has all the essential requisites for validity. Thus, the CA was correct in a ffirming the conviction of petitioner. If petitioner’s contention petitioner’s contention would be allowed, a person who commits bigamy can simply evade prosecution by immediately filing a petition for the declaration of nullity of his earlier marriage and hope that a favorable decision is rendered therein before anyone institutes a complaint against him. We note that in petitioner’s case the complaint was filed before the first marriage was declared a nullity. It was only the filing of the Information that was overtaken by the declaration of nullity of his first marriage. Following petitioner’s argument, even assuming that a complaint has been instituted, such as in this case, the offender can still escape liability provided that a decision nullifying his earlier marriage precedes the filing of the Information in court. Such cannot be allowed.
