Case Digest (G.R. No. L-43760)
Facts:
In People of the Philippines v. Odtuhan, respondent Edgardo V. Odtuhan first married Jasmin Modina on July 2, 1980. Without obtaining a valid marriage license, he subsequently contracted a second marriage with Eleanor A. Alagon on October 28, 1993. In August 1994, he filed a petition for annulment of his first marriage. On February 23, 1999, the Regional Trial Court (RTC) of Pasig City, Branch 70, declared the Modina union void ab initio for lack of a valid license. Alagon died on November 10, 2003. Meanwhile, private complainant Evelyn Abesamis Alagon discovered the prior marriage and filed a complaint-affidavit charging Odtuhan with bigamy. An Information was filed on April 15, 2005, in the RTC of Manila, Branch 27, alleging that Odtuhan, still legally married to Modina, willfully and unlawfully contracted a second marriage with Alagon. On February 5, 2008, respondent moved to quash the Information on the grounds that (1) the facts did not charge bigamy and (2) his criminal liCase Digest (G.R. No. L-43760)
Facts:
- Parties and Marriage History
- Respondent Edgardo V. Odtuhan married Jasmin Modina on July 2, 1980; their marriage lacked a valid license.
- Without having legally dissolved the first marriage, he contracted a second marriage with Eleanor A. Alagon on October 28, 1993; Alagon died on November 10, 2003.
- Procedural History
- August 1994: Respondent filed a petition for annulment of his marriage with Modina. On February 23, 1999, RTC Pasig Branch 70 declared the first marriage void ab initio for lack of a valid license.
- April 15, 2005: The People filed an information for Bigamy (Art. 349 RPC) against respondent.
- February 5, 2008: Respondent filed an omnibus motion to quash the information on grounds that (a) the facts do not charge bigamy, and (b) his criminal liability was extinguished by the nullity decree.
- September 4, 2008 & February 20, 2009: RTC Manila Branch 27 denied the motion and its reconsideration.
- December 17, 2009 & March 4, 2010: The Court of Appeals granted respondent’s certiorari petition, ordered RTC to receive evidence on the motion to quash, and denied reconsideration.
- July 17, 2013: The Supreme Court granted the People’s Rule 45 petition, set aside the CA decision and resolution, and remanded Criminal Case No. 05-235814 to RTC Manila Branch 27.
Issues:
- Whether the information sufficiently alleges all the essential elements of bigamy under Article 349 of the Revised Penal Code.
- Whether the decree declaring the first marriage void ab initio extinguished respondent’s criminal liability for bigamy.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)