Case Digest (G.R. No. 159218) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In People of the Philippines vs. Salvador S. Abunado and Zenaida Biaas Abunado (G.R. No. 159218, decided March 30, 2004), petitioner Salvador S. Abunado first married Narcisa Arceno on September 18, 1967 at Manila City Hall. In 1988, Narcisa departed for Japan, returning in 1992 to discover Salvador cohabiting with Fe Corazon Plato and that, on January 10, 1989, he had solemnized a second marriage with Zenaida Biaas before Judge Lilian Dinulos Panontongan in San Mateo, Rizal. On January 19, 1995, Salvador filed for annulment of his first marriage; on May 18, 1995, Narcisa filed a bigamy complaint against Salvador and Zenaida. At trial, Salvador admitted a prior 1955 marriage to Zenaida in Iloilo but explained there was no record, prompting their January 10, 1989 remarriage for their son’s military requirements. On May 18, 2001, the Regional Trial Court (RTC), Branch 77, San Mateo, Rizal, convicted Salvador of bigamy under Article 349 of the Revised Penal Code and acquitted Zenai Case Digest (G.R. No. 159218) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Background of the Parties and Marriages
- Salvador S. Abunado married Narcisa Arceno on September 18, 1967 at Manila City Hall.
- Narcisa left for Japan in 1988 and returned in 1992 to find Salvador cohabiting with Fe Corazon Plato.
- Salvador had allegedly first married Zenaida Biñas in 1955 (no proof found) and they separated in 1966.
- On January 10, 1989, Salvador and Zenaida remarried before Judge Lilian Dinulos Panontongan in San Mateo, Rizal.
- Judicial and Criminal Proceedings
- Salvador filed an annulment case against Narcisa on January 19, 1995.
- Narcisa filed a bigamy complaint on May 18, 1995 accusing Salvador and Zenaida.
- On May 18, 2001, the Regional Trial Court (RTC), Branch 77, San Mateo, Rizal, convicted Salvador of bigamy (Prision Mayor, 6 yrs. & 1 day to 8 yrs. & 1 day) and acquitted Zenaida for insufficiency of evidence.
- The Court of Appeals (CA) affirmed with modification, imposing an indeterminate sentence of 2 years, 4 months & 1 day of prision correccional (minimum) to 6 years & 1 day of prision mayor (maximum), citing Salvador’s age (76) as mitigating.
- Salvador filed a petition for certiorari before the Supreme Court to review the CA decision.
Issues:
- Information Defect
- Whether the Information was defective for alleging the bigamous marriage date as January 1995 instead of January 1989.
- Condonation by Narcisa
- Whether Narcisa’s alleged consent or condonation of the second marriage absolves Salvador of criminal liability.
- Prejudicial Question Doctrine
- Whether Salvador’s pending annulment case constituted a prejudicial question that should have suspended the bigamy proceedings.
- Penalty Imposition
- Whether the indeterminate penalty imposed by the CA was proper under the Revised Penal Code and the Indeterminate Sentence Law.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)