Case Digest (G.R. No. L-40895)
Facts:
Milagros de la Cruz v. Hon. Judge Bienvenido Ejercito, G.R. No. L-40895, November 06, 1975, Second Division, Aquino, J., writing for the Court.
Petitioner Milagros de la Cruz was indicted for bigamy in the Court of First Instance of Pampanga, Angeles City, Branch IV (Criminal Case No. 3128) on May 20, 1974 for having married Sergeant Dominick L. Gaccino on September 15, 1973 while her prior marriage to Teodoro G. David allegedly remained undissolved. The information was filed at the instance of her first husband; the caption also lists Teodoro David, City Fiscal of Angeles City, and the People of the Philippines as respondents in the present special action.
Before the criminal case was tried, petitioner filed a separate civil action for annulment of her marriage to Gaccino on the ground of duress in the Court of First Instance at San Fernando, Branch III (Civil Case No. 4188) on August 1, 1974. Defendant Gaccino did not answer; Judge Mariano Castaneda, Jr. ordered an inquiry into possible collusion, and a special counsel in the Provincial Fiscal’s office reported none. On December 16, 1974 Judge Castaneda rendered judgment annulling the marriage, and that decision became final as no appeal was taken.
After the civil judgment became final, petitioner moved on January 27, 1975 to dismiss the pending bigamy information. The private prosecutor and the prosecuting fiscal opposed the motion. Judge Bienvenido Ejercito denied the motion in an order dated May 27, 1975, reasoning that the annulment decision was not controlling in the criminal case because the parties and issues in the two proceedings were n...(Pro-only)
Issues:
- Whether the pending prosecution for bigamy became untenable after the civil judgment annulling petitioner’s second marriage rendered that marriage a nu...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)