Case Digest (G.R. No. 253305)
Facts:
On February 16, 1968, Noel A. Lasanas (petitioner) contracted his first marriage with Socorro Patingo in San Miguel, Iloilo, solemnized by Judge Carlos B. Salazar, without the benefit of a marriage license, and without their executing any affidavit of cohabitation to excuse the absence of the license. The absence of the marriage license and the lack of an affidavit of cohabitation rendered the marriage void on its face, though the parties nevertheless later reaffirmed their marriage vows on August 27, 1980 in a religious ceremony before Fr. Rodolfo Tamayo at the San Jose Church in Iloilo City, again without producing a marriage license or affidavit of cohabitation. Sometime in 1982, the spouses separated de facto due to irreconcilable differences. On December 27, 1993, petitioner contracted a second marriage with Josefa Eslaban in a religious ceremony solemnized by Fr. Ramon Sequito at the Sta. Maria Church in Iloilo City, and his marriage certificate reflected his civil status ...Case Digest (G.R. No. 253305)
Facts:
On February 16, 1968, accused Noel A. Lasanas married Socorro Patingo in San Miguel, Iloilo without a marriage license and without an affidavit of cohabitation; the marriage was later reaffirmed in a religious ceremony on August 27, 1980. On December 27, 1993, he married Josefa Eslaban in Iloilo City, with his civil status appearing as single, and he filed a complaint for annulment of his first marriage only on July 26, 1996.In October 1998, Socorro charged him with bigamy. After indictment, the RTC Branch 38 convicted him in Criminal Case No. 49808 (judgment October 30, 2000), and the CA affirmed his conviction on August 29, 2002.
Issues:
- Whether the absence of a judicial declaration of nullity of the first marriage precluded conviction for bigamy.
- Whether the validity of the subsequent marriage was an essential element that was lacking.
- Whether the accused’s good faith and lack of criminal intent warranted acquittal.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)