CASE: Montanez v Cipriano AUTHOR: PULHIN

GR NO: 181089 DATE: October # f Pages (Full Text): 8

22, 2012 NOTES:
TOPIC: Bigamous and polygamous marriages
PONENTE:

FACTS:
 April 8 1976 Socrates Flores and Lourdes Cipriano got married in Aklan
 Jan 24 1983 Silverio & Lourdes married in Laguna (2nd marriage)
 2001, Lourdes filed an annulment for psychological incapacity under Article 36 FC
 July 18 2003 RTC declared null and void the first marriage of Lourdes
 May 14 2004 Merlinda, daughter of Silverio filed bigamy against Lourdes

Respondent Defense : in 2003 marriage was void through judicial proceedings and for bigamy to exist, there should be 2
marriage that is valid, and since the marriage was 1983, crime had prescribed according to Article 40 FC
ISSUE(S): Whether nullity of respondent’s first marriage justifies dismissal of information for bigamy

HELD: No

DISPOSITIVE PORTION: WHEREFORE, considering the foregoing, the petition is GRANTED. The Order dated September
24, 2007 and the Resolution dated January 2, 2008 of the Regional Trial Court of San Pedro, Laguna, Branch 31, issued in
Criminal Case No. 4990-SPL, are hereby SET ASIDE. Criminal Case No. 4990-SPL is ordered REMANDED to the trial court
for further proceedings.

SO ORDERED.

RATIO: NO,
A. According to jurisprudence, those who contracts a second marriage without judicial declaration of nullity
assumes the risk of prosecution for bigamy
B. Applicable law is Sec 29 of Marriage law (Act 3613) which requires final judgement before contracting 2nd
marriage.
CASE LAW/ DOCTRINE (Related to the Topic):

DISSENTING/CONCURRING OPINION(S):

NTAC:4UC-11