Facts:

The case revolves around Vincent Paul G. Mercado, also known as Vincent G. Mercado (petitioner), and Ma. Consuelo Tan (respondent). The events began with the marriage of Mercado and Tan, which took place on June 27, 1991, in Bacolod City. This marriage was solemnized by Judge Gorgonio J. Ibañez, and a Marriage Contract was duly executed and signed by both parties, where Mercado was listed as a single man. However, it was undisputed that at the time of this marriage, Mercado was already married to Ma. Thelma Oliva since April 10, 1976, under a marriage ceremony officiated by Judge Leonardo B. Caáres in Cebu City. This marriage was further blessed with religious rites on October 10, 1976, at the Sacred Heart Church in Cebu City.

Both unions produced children, with Oliva bearing two children and Tan giving birth to Vincent Paul, Jr. The matter escalated when a letter-complaint for bigamy was filed against Mercado on October 5, 1992, by Tan through her counsel, leading to an indictm

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Facts:

Background and Marital History

• Dr. Vincent Paul G. Mercado, also known as Vincent G. Mercado, was previously married to Ma. Thelma Oliva.
• His first marriage was solemnized on April 10, 1976 in Cebu City and was validly celebrated and consummated, producing two children.
• Despite the subsisting nature of this marriage, he contracted a second marriage with Ma. Consuelo Tan on June 27, 1991 in Bacolod City.
• The second marriage was also celebrated in a civil ceremony, and later confirmed in a religious rite on June 29, 1991.

Initiation of Criminal and Nullity Proceedings

• On October 5, 1992, a letter-complaint for bigamy was filed by Consuelo Tan, prompting criminal prosecution.
• An Information dated January 22, 1993 was filed against petitioner, formalizing the bigamy charges.
• Subsequently, on November 13, 1992, petitioner initiated an action for the declaration of nullity of his first marriage with Ma. Thelma Oliva in Cebu City.
• On May 6, 1993, the Regional Trial Court declared the first marriage null and void.

Evidence and Admissions

• The evidence clearly demonstrated the existence of both marriages.
• Testimonies and documentary evidence (such as marriage certificates and church records) established that petitioner contracted the second marriage while the first marriage was still subsisting.
• Petitioner admitted that no judicial declaration of nullity for the first marriage had been obtained before he entered into the second marriage.

Procedural History and Court Proceedings

• The Regional Trial Court of Bacolod City convicted petitioner for bigamy under Article 349 of the Revised Penal Code.
• The Court of Appeals affirmed the decision and denied the petitioner's subsequent appeal for reconsideration.
• The present petition for review on certiorari was assailed before the Supreme Court.

Issue:

Whether the element of a previous legal marriage exists to sustain the charge of bigamy, given that the first marriage was later declared null and void.

• Does a subsequent judicial declaration of nullity nullify the fact that the first marriage was subsisting at the time of the second marriage?

Whether a liberal interpretation of Article 349 of the Revised Penal Code, in conjunction with Articles 36 and 40 of the Family Code, can defeat the charge of bigamy.

• Does the void nature of the first marriage (void ab initio) serve as a valid defense without a judicial declaration of nullity?

• Whether petitioner is entitled to an acquittal on the basis of reasonable doubt concerning the commission of bigamy.

• The issue concerning the claim for damages and attorney’s fees by the respondent, Consuelo Tan, in relation to the criminal proceedings.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

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