04/08/2021
Criminal Law; Civil Law; Article 40, Family Code; Article 349, RPC; bigamy; void marriage
PULIDO v PEOPLE, GR No. 220149; 2021 July 27
Unanimous Decision
En Banc
Judicial declaration of nullity of a marriage is not required in order to raise it as a defense in bigamy.
Art. 40 of the Family Code did not amend Art. 349 of the RPC.
The accused in bigamy can use the defense of void marriage in the criminal proceedings, without prior judicial declaration.
The defense, however, is not applicable if the status of tye marriage is merely voidable.
