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02 - Lasanas V People - Guzman Julius
02 - Lasanas V People - Guzman Julius
Petitioner: Noel A. Lasanas Issue: W/N that the RTC and the CA incorrectly
Respondent: People of the Philippines applied the provisions of Article 349 of the
Revised Penal Code, asserting that the civil law
Doctrine: Any person who contracts a second rule embodied in Article 40 of the Family Code
marriage without first having a judicial declaration requiring a judicial declaration of nullity before
of the nullity of his or her first marriage, albeit on one could contract a subsequent marriage should
its face void and inexistent for lack of a marriage not apply in this purely criminal prosecution; that
license, is guilty of bigamy as defined and even if Article 40 of the Family Code was
penalized by Article 349 of the Revised Penal applicable, he should still be acquitted because
Code| his subsequent marriage was null and void for
being without a recorded judgment of nullity of
Facts: marriage, as provided in Article 53 in relation to
The accused seeks the reversal of the Article 52 of the Family Code; that, consequently,
decision promulgated of Court of an essential element of the crime of bigamy, i.e.
Appeals, affirming his conviction for that the subsequent marriage be valid, was
bigamy. lacking; and that his good faith and lack of
On February 16, 1968, Judge Salazar of criminal intent were sufficient to relieve him of
MTC of San Miguel, Iloilo, solemnized criminal liability.
the marriage of accused Lasanas and
Patingo, without a marriage license. Provisions:
o Record shows that the spouses Article 40, of the Family Code - The absolute
had not executed any affidavit of nullity of a previous marriage may be invoked for
cohabitation to excuse the lack purposes of remarriage on the basis solely of a
of ML. final judgment declaring such previous marriage
On Augusto 27, 1980, the spouse void. (n)
reaffirmed their marriage vows in a
religious ceremony. They submitted no ARTICLE 349. Bigamy. The penalty of prisin
marriage license or affidavit for that mayor shall be imposed upon any person who
purpose. shall contract a second or subsequent marriage
In 1982, the spouse separated de facto. before the former marriage has been legally
On December 1993, the accused dissolved, or before the absent spouse has been
contracted marriage with Josefa Eslaban declared presumptively dead by means of a
in a religious ceremony solemnized by judgment rendered in the proper proceedings.
Fr. Ramon Saquito. Their marriage
certificate reflected the civil status of the Held:
accused as single. The SC ruled in favor and affirmed the decision
On July 26, 1996, the accused filed a of the Court of Appeals.
complaint for annulment of marriage and
damages against Socorro Patingo, it was Based on the findings of the CA, this case has all
alleged that Socorro had employed the foregoing elements attendant.
deceit, misrepresentations and fraud in
securing his consent to their marriage, The first and second elements of bigamy were
and that subsequent marital breaches, present in view of the absence of a judicial
psychological incompatibilities and her declaration of nullity of marriage between the
infedility had caused him to suffer mental accused and Socorro. The requirement of
anguish, sleepless nights and social securing a judicial declaration of nullity of
humiliation warranting the award of marriage prior to contracting a subsequent
damages. marriage is found in Article 40 of the Family Code,
to wit:
Article 40. The absolute nullity of a previous third element of bigamy was established.
marriage may be invoked for purposes of Nonetheless, he submits that his marriage to
remarriage on the basis solely of a final judgment Josefa was invalid because of lack of a recorded
declaring such previous marriage void. (n) judgment of nullity of marriage. Such argument
had no worth, however, because it was he himself
The reason for the provision was aptly discussed who failed to secure a judicial declaration of
in Teves v. People: nullity of his previous marriage prior to contracting
his subsequent marriage.
x x x The Family Code has settled once and for
all the conflicting jurisprudence on the matter. A In Tenebro v. Court of Appeals,32 the Court has
declaration of the absolute nullity of a marriage is explained that "[s]ince a marriage contracted
now explicitly required either as a cause of action during the subsistence of a valid marriage is
or a ground for defense. Where the absolute automatically void, the nullity of this second
nullity of a previous marriage is sought to be marriage is not per se an argument for the
invoked for purposes of contracting a second avoidance of criminal liability for bigamy.
marriage, the sole basis acceptable in law for said There is therefore a recognition written into the
projected marriage to be free from legal infirmity law itself that such a marriage, although void ab
is a final judgment declaring the previous initio, may still produce legal consequences.
marriage void. The Family Law Revision Among these legal consequences is incurring
Committee and the Civil Code Revision criminal liability for bigamy. To hold otherwise
Committee which drafted what is now the Family would render the State's penal laws on bigamy
Code of the Philippines took the position that completely nugatory, and allow individuals to
parties to a marriage should not be allowed to deliberately ensure that each marital contract be
assume that their marriage is void even if such be flawed in some manner, and to thus escape the
the fact but must first secure a judicial declaration consequences of contracting multiple marriages,
of the nullity of their marriage before they can be while beguiling throngs of hapless women with
allowed to marry again. the promise of futurity and commitment.