Case Digest (G.R. No. 159218)
Facts:
The case involves Salvador S. Abunado and Zenaida BiAas Abunado as petitioners against the People of the Philippines as the respondent. The events leading to this case began on September 18, 1967, when Salvador married Narcisa ArceAo at the Manila City Hall. In 1988, Narcisa left for Japan for work and returned in 1992, only to discover that Salvador was cohabiting with another woman, Fe Corazon Plato, and had contracted a second marriage with Zenaida BiAas on January 10, 1989, in San Mateo, Rizal. Following this, on January 19, 1995, Salvador filed for annulment against Narcisa, while Narcisa filed a case for bigamy against Salvador and Zenaida on May 18, 1995. Salvador admitted to having married Zenaida previously on December 24, 1955, but claimed that there was no evidence of this marriage, leading to a remarriage in 1989. The Regional Trial Court (RTC) of San Mateo, Rizal, convicted Salvador of bigamy on May 18, 2001, sentencing him to imprisonment for six years and one d...
Case Digest (G.R. No. 159218)
Facts:
- First Marriage: On September 18, 1967, Salvador S. Abunado married Narcisa Arceño in Manila.
- Separation and Extramarital Affair: In 1988, Narcisa went to Japan for work. She returned to the Philippines in 1992 after learning about Salvador’s extramarital affair and his abandonment of their conjugal home.
- Second Marriage: On January 10, 1989, Salvador married Zenaida Biaas in San Mateo, Rizal, while still married to Narcisa.
- Discovery of Second Marriage: Narcisa discovered Salvador’s second marriage when she found him cohabiting with another woman in Quezon City.
- Legal Proceedings:
- On January 19, 1995, Salvador filed an annulment case against Narcisa.
- On May 18, 1995, Narcisa filed a bigamy case against Salvador and Zenaida.
- Trial Court Decision: On May 18, 2001, the trial court convicted Salvador of bigamy and sentenced him to 6 years and 1 day to 8 years and 1 day of imprisonment. Zenaida was acquitted due to insufficient evidence.
- Court of Appeals Decision: The appellate court modified the penalty, sentencing Salvador to 2 years, 4 months, and 1 day of prision correccional as minimum, to 6 years and 1 day of prision mayor as maximum, considering his age as a mitigating factor.
Issue:
- Defective Information: Whether the Information was defective for stating the bigamous marriage occurred in 1995 instead of 1989.
- Consent of Narcisa: Whether Narcisa’s alleged consent to Salvador’s second marriage absolved him of criminal liability.
- Prejudicial Question: Whether the pending annulment case constituted a prejudicial question that should have suspended the bigamy proceedings.
- Proper Penalty: Whether the penalty imposed by the Court of Appeals was proper.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)