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700 SCRA 443 - Civil Law - Family Code - Void Marriages - A Void 2nd Marriage Is Not A Defense in Bigamy Criminal Law - Bigamy - Elements
700 SCRA 443 - Civil Law - Family Code - Void Marriages - A Void 2nd Marriage Is Not A Defense in Bigamy Criminal Law - Bigamy - Elements
700 SCRA 443 - Civil Law - Family Code - Void Marriages - A Void 2nd Marriage Is Not A Defense in Bigamy Criminal Law - Bigamy - Elements
When Capili married Tismo, all the above elements are present. The crime
of bigamy was already consummated. It is already immaterial if the
second (or first marriage, see Mercado vs Tan) was subsequently declared
void. The outcome of the civil case filed by Karla Medina had no bearing to
the determination of Capilis guilt or innocence in the bigamy
case because all that is required for the charge of bigamy to prosper is
that the first marriage be subsisting at the time the second marriage is
contracted. He who contracts a second marriage before the judicial
declaration of the first marriage assumes the risk of being prosecuted for
bigamy.
The Supreme Court also notes that even if a party has reason to believe
that his first marriage is void, he cannot simply contract a second
marriage without having such first marriage be judicially declared as void.
The parties to the marriage should not be permitted to judge for
themselves its nullity, for the same must be submitted to the judgment of
competent courts and only when the nullity of the marriage is so declared
can it be held as void, and so long as there is no such declaration the
presumption is that the marriage exists.