Case Digest (G.R. No. 137110)
Facts:
The case involves petitioner Vincent Paul G. Mercado (also known as Vincent G. Mercado) and respondent Ma. Consuelo Tan. Mercado was married to Ma. Thelma Oliva in a lawful marriage solemnized on April 10, 1976, in Cebu City. Despite this existing marriage, Mercado contracted a second marriage with Consuelo Tan on June 27, 1991, before the Municipal Trial Court in Cities (MTCC) of Bacolod City, where he stated his status as single on the marriage contract. Both marriages were later solemnized in religious rites, and both were consummated resulting in children from each union.
Subsequently, Consuelo Tan filed a letter-complaint for bigamy on October 5, 1992, leading to the filing of an Information against Mercado on January 22, 1993 charging him with bigamy under Article 349 of the Revised Penal Code. Mercado later filed a petition for the declaration of nullity of his first marriage with Oliva, which was granted on May 6, 1993 by the Regional Trial Court (RTC) of Cebu City. How
Case Digest (G.R. No. 137110)
Facts:
- Parties and marriage history
- Petitioner Vincent Paul G. Mercado (also known as Vincent G. Mercado) married Ma. Thelma V. Oliva on April 10, 1976, in Cebu City; the marriage was solemnized by Judge Leonardo B. CaAares and blessed later in a religious ceremony. They had two children.
- While the first marriage was still subsisting, petitioner married respondent Ma. Consuelo Tan on June 27, 1991, in Bacolod City. This second marriage was also later confirmed in a church ceremony on June 29, 1991. They had a child named Vincent Paul, Jr.
- Complaint and charges
- On October 5, 1992, respondent filed a letter-complaint for bigamy against petitioner with the Bacolod City Prosecutor, which led to the filing of the Information charging petitioner with bigamy on January 22, 1993.
- On November 13, 1992, after the complaint for bigamy was filed, petitioner filed a civil action for declaration of nullity of his first marriage with Ma. Thelma V. Oliva.
- On May 6, 1993, the RTC of Cebu City declared the first marriage between petitioner and Ma. Thelma V. Oliva null and void.
- Trial court decision
- Petitioner was convicted by the RTC of Bacolod City for bigamy under Article 349 of the Revised Penal Code, with the court finding all elements of the crime proven beyond reasonable doubt.
- The RTC sentenced petitioner to prision correccional as minimum and prision mayor as maximum penalty, plus accessory penalties and costs.
- Court of Appeals ruling
- The CA affirmed the RTC decision, holding that a judicial declaration of nullity of a previous marriage must precede any subsequent marriage for the latter to be considered valid.
- The CA stressed that at the time petitioner contracted the second marriage, the first marriage was still subsisting and no judicial declaration of nullity had yet been obtained.
Issues:
- Whether the element of a previous legal marriage existed to constitute bigamy.
- Whether a liberal interpretation of Article 349 of the Revised Penal Code in relation to Articles 36 and 40 of the Family Code would negate petitioner’s guilt.
- Whether petitioner is entitled to acquittal on the basis of reasonable doubt.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)