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Case Theory Bigamy
Case Theory Bigamy
On the other hand, after Marlon has filed his reply to Carmelita’s
motion, the Office of the City Prosecutor of Bacolod City issued a
Resolution on January 14, 2018, stating that “The pending case for
annulment of marriage filed by respondent, cannot be considered a
prejudicial question, which must be resolved first, in order that the
criminal case for bigamy will proceed”.
ISSUES TO BE RESOLVED
Citing the doctrine laid down in Republic vs. Molina, G.R. No.
108763, February 13, 1997, which enumerates guidelines on
determining causes on psychological incapacity:
1. The plaintiff (the spouse who filed the petition in court) has
burden of showing the nullity of the marriage. Our laws
cherish the validity of marriage and unity of the family, so any
doubt is resolved in favor of the existence/continuation of the
marriage.
8. The trial court must order the prosecuting attorney or fiscal and
the Solicitor General to appear as counsel for the state. No
decision shall be handed down unless the Solicitor General
issues a certification, which will be quoted in the decision, briefly
stating therein his reasons for his agreement or opposition, as
the case may be, to the petition.
The petition for annulment of marriage will not bar or suspend the
criminal proceedings of such, as stated in numerous doctrines laid
down in our laws and jurisprudence:
With regard to the case not being classified as a prejudicial
question, let us define first what a prejudicial question is:
“A prejudicial question as defined under the law, is
one based on a fact distinct and separate from the
crime but so intimately connected with it that it
determines the guilt or innocence of the accused,
CASE THEORY: CASE NO. – PETITION FOR ANNULMENT AND ACTION FOR
BIGAMY
In Capili v. People, 700 SCRA 443, G.R. No. 183805, July 3, 2013,
citing Jarillo v. People, 601 SCRA 23, 6G.R. No. 164435, September
29, 2009, the court affirmed the accused’s conviction for bigamy
ruling that the crime of bigamy is consummated on the celebration
of the subsequent marriage without the previous one having been
judicially declared null and void, viz.: