Case Digest (G.R. No. 191425) Core Legal Reasoning Model
Facts:
In Atilano O. Nollora, Jr. v. People of the Philippines (G.R. No. 191425, September 7, 2011; Decision promulgated September 10, 2012), the petitioner, Atilano O. Nollora, Jr. (hereafter “Nollora”), was charged with bigamy under Article 349 of the Revised Penal Code before Branch 215 of the Regional Trial Court (RTC) of Quezon City in Criminal Case No. Q-04-129031. On August 24, 2004, the Assistant City Prosecutor filed an Information alleging that Nollora, legally married to Jesusa Pinat Nollora since April 6, 1999 in Bulacan, contracted a second marriage with Rowena P. Geraldino on December 8, 2001 in Quezon City, despite his subsisting first marriage. At arraignment, Nollora, assisted by counsel, refused to plead and a plea of not guilty was entered on his behalf; Geraldino likewise pleaded not guilty. The parties stipulated during pre-trial that both marriages existed and were valid under civil law, and that Nollora admitted the second marriage in his counter-affidavit. In t
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Case Digest (G.R. No. 191425) Expanded Legal Reasoning Model
Facts:
- Nature of the Case and Procedural History
- On August 24, 2004, an Information for Bigamy (Art. 349, RPC) was filed against Atilano O. Nollora, Jr. (petitioner) and Rowena P. Geraldino.
- RTC Quezon City, Branch 215, rendered judgment on November 19, 2007: convicted Nollora of bigamy; acquitted Geraldino for failure to prove guilt beyond reasonable doubt.
- The Court of Appeals affirmed on September 30, 2009; denied reconsideration on February 23, 2010.
- Petition for review under Rule 45 filed with the Supreme Court on April 6, 2010.
- Marriage Chronology
- First marriage: Nollora to Jesusa Pinat Nollora on April 6, 1999 at IEMELIF Church, Sapang Palay, Bulacan (Exh. “A”).
- Second marriage: Nollora to Geraldino on December 8, 2001 at Max’s Restaurant, Quezon City (Exh. “B”).
- Certification of Civil Status (NSO, Nov. 4, 2003) confirmed both dates of marriage (Exh. “C”).
- Trial Proceedings and Stipulations
- Arraignments: Nollora refused plea (Apr. 18, 2005); plea of not guilty entered. Geraldino pleaded not guilty (June 14, 2005).
- Pre-trial stipulations included the validity of the first marriage, contracting of the second marriage, and admission of marriage facts in counter-affidavits.
- Trial ensued on stipulated and testimonial evidence.
- Prosecution Evidence
- Private complainant Jesusa Pinat: recounted courtship, 1999 marriage, discovery of second marriage via NSO certificate (2003), emotional and economic damages.
- Witness Ruth Santos: sponsor at first wedding; heard Geraldino admit knowledge of prior marriage yet still married Nollora.
- Defense Evidence
- Nollora’s admission of two marriages but claim of Muslim conversion on January 10, 1992, entitling him to polygamy under Islam.
- Conversion documents: Membership Application (Jan. 10, 1992), Pledge of Conversion, Certificates of Conversion (2003–2004) from Balik Islam Tableegh Foundation and Saudi authorities (Exhs. 1–4, 7, 12–13).
- Hadji Abdul Qasar MadueAo: testified to conversion, Muslim law on polygamy, and required Shari’a court procedures.
- Geraldino: asserted ignorance of first marriage until the filing of this case; claimed victimhood and later marriage under Muslim rites.
Issues:
- Primary Issue
- Whether Atilano O. Nollora, Jr. is guilty beyond reasonable doubt of Bigamy under Article 349, Revised Penal Code.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)