Vitangcol v People Notes

Chronological:
- Pet married Resp and born to them were 3 children
- Resp began hearing rumors that her husband had a previous wife and was eventually
confirmed by a marriage contract from the NSO
- She then filed a criminal complaint for bigamy
- Pet says that:
o He admitted to the “fake marriage” to her before their marriage and Alice
convinced him to proceed w wedding
o He found out about her affair and had his lawyer inform her of potential criminal
liability
o That her petition is in retaliation to threat of criminal action
- RTC found Norberto guilty of bigamy under Art 349 of RPC
- CA sustained the guilty verdict upon Norberto’s appeal
- Norberto appealed to SC for review on Certiorari
- Praying for acquittal, he argues that:
1. First element of bigamy is absent
a. There is no marriage license of the first marriage
2. Legal dissolution is not an essential part of bigamy

ISSUE:
1. WON Norberto is guilty of bigamy (are the elements present)

Elements of bigamy:
1. A first marriage
2. Lack of legal dissolution of first marriage
3. Subsequent marriage
4. That the subsequent marriage has all requisites for validity

HELD:
1. YES. He is presumptively married for all intents and purposes
a. Because inability to find marriage license under these circumstances is not
sufficient
b. The certification of the Civil Registrar that their marriage license cannot be found
is insufficient to conclude that it is inexistent
i. The precedent of Republic v CA and Castro cannot be applied because
this case involves escaping criminal liability thus must take into
consideration ominous play (ergo, the marriage contract is considered
prima facie)
ii. This case is accompanied by circumstance of suspicion
iii. The Court cannot establish such doctrine that would absolve future
accused of criminal liability because of missing marriage license
iv. Moreover, petitioner’s belief that there was no marriage license was
rendered untrue when he didn’t do anything to nullify that said marriage
in 7 years
2. YES. Because even in the assumption that his marriage was solemnized without a
marriage license, his first marriage was not judicially declared void nor was his first
wife presumptively declared dead. The 2nd element of bigamy is present.
a. Marriage license is a formal requirement of marriage

*** IF WHAT NORBERTO’S 2ND POINT WAS TO HOLD THEN:

- Art 349 would become useless
 o One would just have to contract a subsequent marriage and escape the bigamy
charge by saying that the first was void and the subsequent equally void for lack
of nullification of the first.
3. YES. It is of no doubt that petitioner married respondent
4. YES. The subsequent marriage has all essential requisites for validity.

Petition is denied. CA is affirmed with modification on sentence.

Legal Basis:
Bigamy is punished under Article 349 of the Revised Penal Code:

ARTICLE 349. Bigamy. – The penalty of prision mayor shall be imposed upon any person who
shall contract a second or subsequent marriage before the former marriage has been legally
dissolved, or before the absent spouse has been declared presumptively dead by means of a
judgment rendered in the proper proceedings.

For an accused to be convicted of this crime, the prosecution must prove all of the
following elements:

[first,] that the offender has been legally married;

[second,] that the first marriage has not been legally dissolved or, in case his or her spouse is
absent, the absent spouse could not yet be presumed dead according to the Civil Code;

[third,] that he contracts a second or subsequent marriage; and
 [lastly,] that the second or
subsequent marriage has all the essential requisites for validity.

Art. 40. The absolute nullity of a previous marriage may be invoked for purposes of remarriage
on the basis solely of a final judgment declaring such previous marriage void.

Art. 13. In case either of the contracting parties has been previously married, the applicant shall be required
to furnish, instead of the birth or baptismal certificate required in the last preceding article, the death
certificate of the deceased spouse or the judicial decree of the absolute divorce, or the judicial decree of
annulment or declaration of nullity of his or her previous marriage
In case the death certificate cannot be secured, the party shall make an affidavit setting forth this
circumstance and his or her actual civil status and the name and date of death of the deceased spouse

Article 53. No marriage shall be solemnized unless all these requisites are complied with:

(1) Legal capacity of the contracting parties;


(2) Their consent, freely given;


(3) Authority of the person performing the marriage; and

(4) A marriage license, except in a marriage of exceptional character.

Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio,
except as stated in Article 35 (2). A defect in any of the essential requisites shall not affect the validity of the
marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively
liable. (n)