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    Mercado vs. Tan 337 SCRA 122

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    RR F
    Dr. Vicent Mercado was married to Thelma Oliva in 1976 but later married Consuelo Tan in 1991 without having obtained a judicial declaration annulling his first marriage. Tan filed bigamy charges against Mercado. While Mercado did file for a declaration of nullity of his marriage to Oliva after Tan filed bigamy charges, the court held that a judicial declaration is necessary before entering a subsequent marriage, and Mercado was guilty of bigamy for marrying Tan without such a declaration, even if the first marriage was void.

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    Mercado vs. Tan 337 SCRA 122

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    RR F
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    Dr. Vicent Mercado was married to Thelma Oliva in 1976 but later married Consuelo Tan in 1991 without having obtained a judicial declaration annulling his first marriage. Tan filed bigamy charges against Mercado. While Mercado did file for a declaration of nullity of his marriage to Oliva after Tan filed bigamy charges, the court held that a judicial declaration is necessary before entering a subsequent marriage, and Mercado was guilty of bigamy for marrying Tan without such a declaration, even if the first marriage was void.

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    Dr. Vicent Mercado was married to Thelma Oliva in 1976 but later married Consuelo Tan in 1991 without having obtained a judicial declaration annulling his first marriage. Tan filed bigamy charges against Mercado. While Mercado did file for a declaration of nullity of his marriage to Oliva after Tan filed bigamy charges, the court held that a judicial declaration is necessary before entering a subsequent marriage, and Mercado was guilty of bigamy for marrying Tan without such a declaration, even if the first marriage was void.

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    7 views1 page

    Mercado vs. Tan 337 SCRA 122

    Uploaded by

    RR F
    Dr. Vicent Mercado was married to Thelma Oliva in 1976 but later married Consuelo Tan in 1991 without having obtained a judicial declaration annulling his first marriage. Tan filed bigamy charges against Mercado. While Mercado did file for a declaration of nullity of his marriage to Oliva after Tan filed bigamy charges, the court held that a judicial declaration is necessary before entering a subsequent marriage, and Mercado was guilty of bigamy for marrying Tan without such a declaration, even if the first marriage was void.

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    of 1

    Mercadovs.

    Tan
    337SCRA122
    FACTS:
    Dr.VicentMercadowaspreviouslymarriedwithThelmaOlivain1976
    beforehecontractedmarriagewithConsueloTanin1991whichthe
    latterclaimsshedidnotknow.TanfiledbigamyagainstMercadoand
    afteramonththelatterfiledanactionfordeclarationofnullityof
    marriageagainstOliva.Thedecisionin1993declaredmarriage
    betweenMercadoandOlivanullandvoid.
    ISSUE:WhetherMercadocommittedbigamyinspiteoffilingthe
    declarationofnullityoftheformermarriage.
    HELD:
    Ajudicialdeclarationofnullityofapreviousmarriageisnecessary
    beforeasubsequentonecanbelegallycontracted.Onewhoentersinto
    asubsequentmarriagewithoutfirstobtainingsuchjudicial
    declarationisguiltyofbigamy.Thisprincipleappliesevenifthe
    earlierunionischaracterizedbystatuteasvoid.
    Inthecaseatbar,Mercadoonlyfiledthedeclarationofnullityofhis
    marriagewithOlivarightafterTanfiledbigamycase.Hence,bythen,
    thecrimehadalreadybeenconsummated.Hecontractedsecond
    marriagewithoutthejudicialdeclarationofthenullity.Thefactthat
    thefirstmarriageisvoidfromthebeginningisnotadefenseina
    bigamycharge.

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