Case Digest (A.C. No. 7121 [Formerly CBD Case No. 04-1244)
Facts:
On July 31, 2005, in Las Piñas City, Luisito G. Pulido, then legally married to Nora S. Arcon since September 5, 1983 (civil ceremony in Rosario, Cavite, Marriage License No. 7240107), solemnized by Mayor Calixto D. Enriquez, contracted a second marriage with Rowena U. Baleda before Reverend Conrado P. Ramos, falsely declaring his civil status as single. Pulido and Arcon had a child in 1984 and co-habited until 2007, when Pulido admitted to an affair with Baleda, whose marriage to him was later declared null and void for bigamy by RTC Imus, Cavite-Branch 22 (Civil Case No. 1586-07) on October 25, 2007, which became final in May 2016. Aggrieved, Arcon filed a Bigamy complaint against Pulido and Baleda on December 4, 2007. Before RTC Las Piñas, Pulido pleaded that both marriages were null—his first for lack of a valid marriage license and his second for lack of ceremony—while Baleda averred she had filed for annulment before learning of Pulido’s prior marriage. On June 22, 2009, RCase Digest (A.C. No. 7121 [Formerly CBD Case No. 04-1244)
Facts:
- Pre-marriage and first union
- On September 5, 1983, Luisito G. Pulido (16) and Nora S. Arcon (22) contracted civil marriage in Rosario, Cavite, allegedly under Marriage License No. 7240107.
- They had one child in 1984 and cohabited until 2007, when Pulido ceased living with Arcon and admitted an extramarital affair.
- Second union and bigamy complaint
- On July 31, 1995, Pulido married Rowena U. Baleda, who purportedly knew him as single; Certificate of Marriage listed no prior marriage.
- Hurt by betrayal, Arcon filed a bigamy complaint against Pulido and Baleda on December 4, 2007 (RTC Crim. No. 08-0166).
- Trial court and appellate decisions
- RTC Branch 275 (June 22, 2009) convicted Pulido of Bigamy, acquitted Baleda; found both marriages valid despite missing license documents.
- CA (March 17, 2015; M.R. Aug. 18, 2015) affirmed with modified penalty; held Article 40, Family Code, barred remarriage without prior nullity decree.
- Judicial nullity of first marriage
- Pending his criminal appeal, RTC Branch 22, Imus, Cavite, declared Pulido-Arcon marriage void ab initio (Oct. 25, 2007 civil case; final May 11, 2016).
- Decree of Absolute Nullity issued June 29, 2016, retroacting nullity to date of celebration (Sep. 5, 1983).
Issues:
- Does Article 40 of the Family Code apply when the first marriage pre-dated the Code and the second post-dated it?
- May an accused invoke judicial declaration of nullity of a prior marriage as a defense in a bigamy prosecution?
- If obtained after the second marriage, does such nullity decree still operate as a valid defense in bigamy?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)