!

"#$%&'( *$++"$#,(
-'."& *&+"#& /( 0,&12, 3 456678
- When the maiiiage is voiu because a foimal iequiiement is missing |in this case, maiiiage
ceiemonyj theie is no neeu foi a juuicial ueclaiation of nullity. The meie piivate act of
signing a maiiiage contiact beais no semblance to a valiu maiiiage anu thus, neeus no
juuicial ueclaiation of nullity. Noiigo is acquitteu of bigamy because his fiist maiiiage was
voiu ab initio.
9".:&+"$ ;$+"22& /( 0,&12, 3 4566<8
- A maiiiage, even one which is voiu oi voiuable, shall be ueemeu valiu until ueclaieu
otheiwise in a juuicial pioceeuing. In this case, even if petitionei eventually obtaineu a
ueclaiation that his fiist maiiiage was voiu !" $%$&$', the point is, both the fiist anu the
seconu maiiiage weie subsisting befoie the fiist maiiiage was annulleu. The action foi anu
the juuicial ueclaiation of nullity |baseu on psychological incapacityj came aftei the chaige
of bigamy.
9,+&=".& >,=,?+& /( @A 3 456678
- The subsequent juuicial ueclaiation of nullity of maiiiage on the giounu of psychological
incapacity uoes not ietioact to the uate of the celebiation of the maiiiage insofai as the
Philippines' penal laws aie conceineu. As such, an inuiviuual who contiacts a seconu oi
subsequent maiiiage uuiing the subsistence of a valiu maiiiage is ciiminally liable foi
bigamy, notwithstanuing the subsequent ueclaiation that the seconu maiiiage is voiu ab
initio on the giounu of psychological incapacity.
- A maiiiage contiact, by itself, is sufficient to establish the existence of a maiiiage. It
shoulu be given gieatei cieuence than uocuments testifying meiely as to absence of any
iecoiu of the maiiiage. Thus, it is also sufficient to establish the 1
st
anu 2
nu
elements of
bigamy |offenuei is legally maiiieu; maiiiage has not been legally uissolveuj.
*B+=$ A=:&=, /( -,& !,+&="22$ |accuseuj 3 456C68
- Citing Tenebio vs CA: Although the juuicial ueclaiation of the nullity of a maiiiage on the
giounu of psychological incapacity ietioacts to the uate of the celebiation of the maiiiage
insofai as the vinculum between the spouses is conceineu, saiu maiiiage is not without
legal effects. Among these effects is that chiluien conceiveu oi boin befoie the juugment of
absolute nullity of the maiiiage shall be consiueieu legitimate. Theie is theiefoie a
iecognition wiitten into the law itself that such a maiiiage, although voiu ab initio, may still
piouuce legal consequences. Among these legal consequences is incuiiing ciiminal liability
foi bigamy.
- Tiial Couit committeu giave abuse of uiscietion when it quasheu the Infoimation foi
Bigamy. The issue on the ueclaiation of nullity of the maiiiage between petitionei anu
iesponuent only aftei the lattei contiacteu the subsequent maiiiage is immateiial foi the
puipose of establishing that the facts allegeu in the infoimation foi Bigamy uoes not
constitute an offense.
@,=&= >,/,( /( 00D $=E F$="2& !&=#$2$= |complainant, uncle of Cenon's fiist wifej 3
456CC8
- Complaint foi bigamy was fileu with the 0ffice of the Public Piosecutoi. Action foi
ueclaiation of absolute nullity of his fiist maiiiage was then fileu by petitionei, anu
juugment was ienueieu theiein ueclaiing the maiiiage voiu. It was then the Infoimation
foi Bigamy was foimally fileu in couit. Following petitionei's aigument, even assuming that
a complaint has been instituteu, such as in this case, the offenuei can still escape liability
pioviueu that a uecision nullifying his eailiei maiiiage pieceues the filing of the
Infoimation in couit. Such cannot be alloweu. To uo so woulu make the ciime of bigamy
uepenuent upon the ability oi inability of the 0ffice of the Public Piosecutoi to immeuiately
act on complaints anu eventually file Infoimations in couit
- A ueclaiation of the absolute nullity of a maiiiage is now explicitly iequiieu eithei as a
cause of action oi a giounu foi uefense. Wheie the absolute nullity of a pievious maiiiage
is sought to be invokeu foi puiposes of contiacting a seconu maiiiage, the sole basis
acceptable in law foi saiu piojecteu maiiiage to be fiee fiom legal infiimity is a final
juugment ueclaiing the pievious maiiiage voiu. In this case, finality of the uecision
ueclaiing the fiist maiiiage voiu was only ieacheu S yeais aftei the celebiation of the 2
nu

maiiiage. Thus, iesponuent is guilty of bigamy.
A:"2$=& G&22&+$D ;+H |Nuslim conveitj /( 0,&12, 3 456CC8
- Coue of Nuslim Peisonal Laws states that "in case of a maiiiage between a Nuslim anu a
non-Nuslim, solemnizeu not in accoiuance with Nuslim law oi this Coue, the Family Coue
in lieu of the Civil Coue shall apply." That both maiiiages of Nolloia weie not solemnizeu
accoiuing to Nuslim law, anu hence the Family Coue applies; that he asseiteu in his
maiiiage ceitificate to the 2
nu
maiiiage that he was 'single'; that both of his maiiiage
contiacts uo not state that he is a Nuslim aie inuicative of his ciiminal intent anu liability
foi the ciime of bigamy.
- The Coue of Nuslim Peisonal laws also substantially pioviues that any Nuslim husbanu
uesiiing to contiact subsequent maiiiages, befoie so uoing, shall notify the Shaii'a Ciicuit
Couit of the place wheie his family iesiues. The cleik of couit shall seive a copy theieof to
the wife oi wives. Shoulu any of them object; an Agama Aibitiation Council shall be
constituteu. If saiu council fails to secuie the wife's consent to the pioposeu maiiiage, the
Couit shall, subject to Aiticle 27 |Nuslim Couej, ueciue whethei oi not to sustain hei
objection.
*"#',2 9"22$:'B$ /( A::BH !,E, >$?$2"=#.&( 3 456C58
- This is a uisbaiment case against Tabalingcos; one of the giounus foi which is gioss
immoiality foi maiiying two othei women while his fiist maiiiage was still subsisting.
villatuya piesenteu as eviuence a ceitification fiom the NS0 that Tabalingcos contiacteu
maiiiage thiice anu the uates of the celebiations, anu names of the women weie also
inuicateu. Be also submitteu copies of the S Naiiiage Ceitificates. Tabalingcos uiu not
piesent any eviuence to iebut abovementioneu uocuments. Be contenus that aftei his
uiscoveiy of the 2
nu
anu S
iu
maiiiages, he fileu civil actions foi theii annul the Naiiiage
Contiacts, tieating the lattei as oiuinaiy agieements iathei than as special contiacts
contemplateu unuei the then Civil Coue piovisions on maiiiage, consiueiing that he uiu not
invoke any giounus in the Civil Coue piovisions on maiiiage, piioi to its amenument by the
Family Coue.
- The uocuments, ceitifieu by the NS0, which is the official iepositoiy of civil iegistiy
iecoius peitaining to the biith, maiiiage anu ueath of a peison, is accoiueu much
eviuentiaiy weight anu caiiies with it a piesumption of iegulaiity. In this case, iesponuent
has not piesenteu any competent eviuence to iebut those uocuments.
- Responuent's iegaiu foi maiiiage contiacts as oiuinaiy agieements inuicates eithei his
wanton uisiegaiu of the sanctity of maiiiage oi his gioss ignoiance of the law on what
couise of action to take to annul a maiiiage unuei the olu Civil Coue piovisions.
*,+2"=E$ @"1+"$=& *&=:$I,( |uaughtei fiom 1
st
maiiiage of 2nu husbanu of Louiuesj vs
-&'+E,( @"1+"$=& |accuseuj 3 456C58
- 1
st
maiiiage was helu in 1976, while the 2
nu
was in 198S. Becision ueclaiing the 1
st

maiiiage voiu on the giounu of psychological incapacity became final anu executoiy on
0ctobei 2uuS. Nontaes fileu bigamy case against Cipiiano on 2uu4; Responuent contenus
that since hei 1st maiiiage was celebiateu in 1976, Ait. 4u of the FC shoulu not be given
ietioactive effect in hei case because it will impaii hei iight to iemaiiy without neeu of a
juuicial ueclaiation of nullity of a completely voiu piioi maiiiage.
- What makes a peison ciiminally liable foi bigamy is when he contiacts a seconu oi
subsequent maiiiage uuiing the subsistence of a valiu maiiiage. Atienza vs Biillantes:
Aiticle 4u, which is a iule of pioceuuie, shoulu be applieu ietioactively because Aiticle 2S6
of the Family Coue itself pioviues that saiu "Coue shall have ietioactive effect insofai as it
uoes not piejuuice oi impaii vesteu oi acquiieu iights."
- Citing Naibella-Bobis v. Bobis, the Couit pointeu out that the uangei of not enfoicing the
piovisions of Aiticle 4u of the Family Coue is that it woulu ienuei nugatoiy the piovision
on bigamy.


- coco eii, Septembei 2u14