In this case, it appears that when respondent contracted a second marriage with Silverio in 1983, her first marriage with Socrates celebrated in 1976 was still subsisting as the same had not yet been annulled or declared void by a competent authority. It is essential in the prosecution for bigamy that the alleged second marriage, having all the essential requirements, would be valid were it not for the subsistence of the first marriage. The felony is consummated on the celebration of the second marriage or subsequent marriage. HELD: The elements of the crime of bigamy are: (a) the offender has been legally married (b) 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 (c) that he contracts a second or subsequent marriage and (d) the second or subsequent marriage has all the essential requisites for validity. ISSUE: Was the RTC correct in quashing the information for bigamy? Hence, the RTC granted the motion to quash. She also averred that she had contracted her second marriage before the effectivity of the Family Code hence, the existing law at that time did not require a judicial declaration of absolute nullity as a condition precedent to contracting a subsequent marriage. Lourdes moved to quash the information alleging that her first marriage to Socrates had already been declared void ab initio in 2003, thus, there was no more marriage to speak of prior to her marriage to Silverio on January 24, 1983. Said decision became final and executory on October 13, 2003.On May 14, 2004, petitioner Merlinda Montañez, Silverio’s daughter from the first marriage, filed a complaint for bigamy against Lourdes alleging that Lourdes failed to reveal to Silverio that she was still married to Socrates. The RTC rendered its decision declaring the marriage of Lourdes with Socrates null and void.
In 2001, Lourdes filed with the RTC of Muntinlupa a Petition for the Annulment of her marriage with Socrates on the ground of the latter’s psychological incapacity. On January 24, 1983, during the subsistence of the said marriage, Lourdes married Silverio V. 181089 October 22, 2012.įACTS: On April 8, 1976, Lourdes Cipriano (Lourdes) married Socrates Flores (Socrates).
CASE DIGEST: MERLINDA CIPRIANO MONTAÑES v.
0 kommentar(er)
