Aranzanso, Jeffrey N.

Legal Counseling
2014400192

Bigamy

Question:
Maria and Mariano, who were first cousins, were married in Canada on February 3, 2001. Mariano
was told that his marriage to Maria was incestous under the law then in force and therefore void ab
initio. He then married Lea. After 2 years of their marriage, Lea found out Marianos first marriage,
she then filed a criminal complaint for bigamy against Mariano, Bobby raised the defense that his
first marriage is void ab initio and therefore, there is no previous marriage to speak of. Is Marianos
defense valid?

Answer:
No. I will not sustain Mariano's defense, Mariano remarried in 2001, or after the Family Code took
effect on August 3,1988, and therefore his capacity to marry in 2001 shall be governed by said
Code. In Art. 40 of the Family Code, it is mandated that the absolute nullity of a previous marriage
maybe invoked for purposes of remarriage on the basis solely of a final judgment declaring such
previous marriage void.
Therefore, there is a need of a judicial declaration of such nullity before Mariano may validly
remarry.