Case Digest (G.R. No. L-26340)
Facts:
Jesus Ganchero v. Hon. Anacleto Bellosillo, G.R. No. L-26340, June 30, 1969, the Supreme Court En Banc, Reyes, J.B.L., J., writing for the Court.Petitioner Jesus Ganchero was charged by information in the Court of First Instance (CFI) of Iloilo, presided over by respondent Hon. Anacleto Bellosillo, with the crime of bigamy. The information alleged that between 6 June 1963 and 6 February 1965 the accused first contracted a marriage with Erlinda Soquatoso before the Municipal Judge of the City of Iloilo and thereafter, while that prior marriage still subsisted, contracted a second marriage with Alita Aranjuez before the parish priest of Sto. Niño Church, Mabini, Davao.
Ganchero moved in the trial court to quash and dismiss the information for lack of jurisdiction on the ground that venue was improperly laid: counsel argued that the essential criminal act — the second marriage — occurred in Davao and therefore the CFI of Iloilo lacked territorial jurisdiction. The trial court denied the motion to quash and denied a subsequent motion for reconsideration. Petitioner then filed a petition for a writ of certiorari in the Supreme Court to quash and set aside the CFI’s order for lack of jurisdiction.
In its answer the State contended that the CFI of Iloilo could try the case because one essential ingredient (the prior marriage) occurred in Iloilo. The Supreme Court granted the petition, concluding that bigamy is consummated upon the celebration of the subsequent marriage and that the first marriage’s place is immaterial; because the second marriage occurred in Davao, the CFI of Iloilo lacked jurisdiction. The Court set aside the order denying the motion to quash, dismissed the case, and made perm...(Subscriber-Only)
Issues:
- Did the Court of First Instance of Iloilo have jurisdiction to try the bigamy charge against petitioner?
- Is the place where the first marriage was celebrated an essential ingredient of bigamy such that the offense is triable where the first m...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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