27/12/2023
Important Landmark Case on Bigamy 2021
(5 minutes read)
ISSUE: HERNANDO, J.: May an accused indicted for Bigamy be exculpated on the basis of the judicial declaration of nullity of his first or second marriage?
2021 LANDMARK CASE ON BIGAMY: LUISITO G. PULIDO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.
EN BANC [ G.R. No. 220149, July 27, 2021 ]
https://m.facebook.com/story.php?story_fbid=308140161971042&id=100083251812872&mibextid=Nif5oz
FACTS: The Antecedents: Pulido and Rowena U. Baleda (Baleda) were charged before the RTC with Bigamy in an Information5 that reads:
That on or about the 31st day of July 2005, in the City of Las Piñas, Philippines and within the jurisdiction of this Honorable Court the above-named accused, being then legally married to the complainant NORA A. PULIDO, which marriage is still existing and has not been legally dissolved, did then and there willfully, unlawfully and feloniously contract a second marriage with one ROWENA U. BALEDA, who knowingly consented thereto, which second marriage has all the requisites for validity. CONTRARY TO LAW.6
Petitioner pleaded not guilty to the crime charged. Thereafter, trial on the merits ensued.
Records show that on September 5, 1983, then 16-year old petitioner married his teacher, then 22-year old private complainant Nora S. Arcon (Arcon) in a civil ceremony at the Municipal Hall of Rosario, Cavite solemnized by then Mayor Calixto D. Enriquez.7 Their marriage was blessed with a child born in 1984.8
The couple lived together until 2007 when Pulido stopped going home to their conjugal dwelling. When confronted by Arcon, Pulido admitted to his affair with Baleda. Arcon likewise learned that Pulido and Baleda entered into marriage on July 31, 1995 which was solemnized by Reverend Conrado P. Ramos. Their Marriage Certificate indicated Pulido's civil status as single.9
Hurt by the betrayal, Arcon charged10 Pulido and Baleda with Bigamy on December 4, 2007. In his defense, Pulido insisted that he could not be held criminally liable for bigamy because both his marriages were null and void. He claimed that his marriage with Arcon in 1983 is null and void for lack of a valid marriage license while his marriage with Baleda is null and void for lack of a marriage ceremony.
Baleda, on the other hand, claimed that she only knew of Pulido's prior marriage with Arcon sometime in April 2007. She alleged that even prior to the filing of the bigamy case, she already filed a Petition to Annul her marriage with Pulido before the RTC of Imus, Cavite docketed as Civil Case No. 1586-07. In a Decision11 dated October 25, 2007, the RTC declared her marriage with Pulido as null and void for being bigamous in nature. This ruling attained finality, there being no appeal filed thereto.12
Ruling of the Regional Trial Court: In its June 22, 2009 Decision,13 the trial court convicted petitioner of Bigamy and acquitted Baleda.
RULING: Supreme Court Summary and Ruling:
To summarize and for future guidance, the parties are not required to obtain a judicial declaration of absolute nullity of a void ab initio first and subsequent marriages in order to raise it as a defense in a bigamy case. The same rule now applies to all marriages celebrated under the Civil Code and the Family Code. Article 40 of the Family Code did not amend Article 349 of the RPC, and thus, did not deny the accused the right to collaterally attack the validity of a void ab initio marriage in the criminal prosecution for bigamy.
However, if the first marriage is merely voidable, the accused cannot interpose an annulment decree as a defense in the criminal prosecution for bigamy since the voidable first marriage is considered valid and subsisting when the second marriage was contracted. The crime of bigamy, therefore, is consummated when the second marriage was celebrated during the subsistence of the voidable first marriage. The same rule applies if the second marriage is merely considered as voidable.
To our mind, it is time to abandon the earlier precedents and adopt a more liberal view that a void ab initio marriage can be used as a defense in bigamy even without a separate judicial declaration of absolute nullity. The accused may present testimonial or documentary evidence such as the judicial declaration of absolute nullity of the first and/or subsequent void ab initio marriages in the criminal prosecution for bigamy. The said view is more in accord with the retroactive effects of a void ab initio marriage, the purpose of and legislative intent behind Article 40 of the Family Code, and the rule on statutory construction of penal laws. Therefore, the absence of a "prior valid marriage" and the subsequent judicial declaration of absolute nullity of his first marriage, Pulido is hereby acquitted from the crime of Bigamy charged against him.
WHEREFORE, the Petition for Review on Certiorari is hereby GRANTED. The March 17, 2015 Decision and August 18, 2015 Resolution of the Court of Appeals in CA-G.R. CR No. 33008 are hereby REVERSED and SET ASIDE. Petitioner Luisito G. Pulido is ACQUITTED.
Let entry of judgment be issued.
SO ORDERED.
Gesmundo C.J., Leonen, Carandang, Inting, Zalameda, M. Lopez, Gaerlan, Rosario, and J. Lopez, JJ., concur.
Perlas-Bernabe, and Caguioa, JJ., please see concurring opinion.
Lazaro-Javier, J., see concurring opinion.
NOTICE OF JUDGMENT
Sirs/Mesdames:
Please take notice that on July 27, 2021 a Decision, copy attached herewith, was rendered by the Supreme Court in the above-entitled case, the original of which was received by this Office on November 11, 2021 at 9:30 a.m.
Very truly yours,
(Sgd.) MARIFE M. LOMIBAO-CUEVAS
Clerk of Court
