Professional Documents
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Sarto vs. People, 856 SCRA 548, February 28, 2018
Sarto vs. People, 856 SCRA 548, February 28, 2018
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* THIRD DIVISION.
549
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550
MARTIRES, J.:
This is a petition for review on certiorari seeking to
reverse and set aside the 31 July 2012 Decision1 and the 6
March 2013 Resolution2 of the Court of Appeals (CA), in
C.A.-G.R. CR No. 32635, which affirmed the 18 May 2009
Decision3 of the Regional Trial Court, Branch 26, Naga
City (RTC), in Criminal Case No. 2007-0400 finding
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The Facts
On 3 October 2007, Redante was charged with the crime
of bigamy for allegedly contracting two (2) marriages: the
first, with Maria Socorro G. Negrete (Maria Socorro), and
the second, without having the first one legally terminated,
with private complainant Fe R. Aguila (Fe). The charge
stemmed from a criminal complaint filed by Fe against
Redante on 4 June 2007. The accusatory portion of the
Information reads:
During his arraignment on 3 December 2007, Redante
entered a plea of “not guilty.” Pretrial ensued wherein
Redante admitted that he had contracted two marriages
but interposed the defense that his first marriage had been
legally dissolved by divorce obtained in a foreign country.
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4 Id., at p. 1.
5 Id., at pp. 78-79.
6 Id., at p. 80.
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The prosecution waived the presentation of testimonial
evidence and presented instead, the Marriage Contract19
between Redante and Maria Socorro, to prove the
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Aggrieved, Redante appealed before the CA.
The CA’s Ruling
In its assailed decision, the CA affirmed the RTC’s
Judgment. The appellate court ratiocinated that assuming
the authenticity and due execution of the Certificate of
Divorce, since the order of divorce or the divorce decree was
not presented, it could not ascertain whether said divorce
capacitated Maria Socorro, and consequently Redante, to
remarry. It continued that Redante failed to present
evidence that he
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Redante moved for reconsideration, but the same was
denied by the CA in its 6 March 2013 Resolution.
Hence, the present petition.
On 26 June 2013, the Court issued a Resolution24
requiring the respondent Republic of the Philippines to file
its comment.
The OSG’s Manifestation
In compliance with this Court’s resolution, the
respondent, through the Office of the Solicitor General
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23 Rollo, p. 26.
24 Id., at p. 34.
25 Id., at pp. 43-55.
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26 Antone v. Beronilla, 652 Phil. 151, 166; 637 SCRA 615, 627-628
(2010).
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a subsequent marriage.
A divorce decree obtained abroad by an alien spouse is a
foreign judgment relating to the status of a marriage. As in
any other foreign judgment, a divorce decree does not have
an automatic effect in the Philippines. Consequently,
recognition by Philippine courts may be required before the
effects of a divorce decree could be extended in this
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27 Garcia v. Recio, 418 Phil. 723, 735; 366 SCRA 437, 451 (2001).
28 Vda. de Catalan v. Catalan-Lee, 681 Phil. 493, 500; 665 SCRA 487,
496 (2012).
29 Marbella-Bobis v. Bobis, 391 Phil. 648, 656; 336 SCRA 747, 755
(2000).
30 Fujiki v. Marinay, 712 Phil. 524, 546; 700 SCRA 69, 101 (2013).
31 Van Dorn v. Romillo, Jr., 223 Phil. 357; 139 SCRA 139 (1985);
Corpuz v. Sto. Tomas, 642 Phil. 420, 432-433; 628 SCRA 266, 281-282
(2010); Noveras v. Noveras, 741 Phil. 670, 682; 733 SCRA 528, 540 (2014).
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This certificate of divorce, however, is utterly
insufficient to rebut the charge against Redante. First, the
certificate of divorce is not the divorce decree required by
the rules and jurisprudence. As discussed previously, the
divorce decree required to prove the fact of divorce is the
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