Case Digest (G.R. No. 220149)
Facts:
Luisito G. Pulido v. People of the Philippines, G.R. No. 220149, July 27, 2021, the Supreme Court En Banc, Hernando, J., writing for the Court.Petitioner Luisito G. Pulido was indicted for Bigamy in an Information alleging that he contracted a second marriage with Rowena U. Baleda on July 31, 1995 while his prior marriage to Nora S. Arcon (then Nora A. Pulido) — solemnized on September 5, 1983 — was still subsisting. The complaint was filed by Arcon on December 4, 2007. Pulido pleaded not guilty and proceeded to trial before the Regional Trial Court (RTC), Branch 275, Las Piñas City.
At trial Pulido contended both marriages were void: the 1983 marriage to Arcon for lack of a valid marriage license, and the 1995 union to Baleda for lack of a marriage ceremony; Baleda claimed she only learned of the prior marriage in 2007 and had separately filed a petition before the RTC of Imus, Cavite (Civil Case No. 1586-07) seeking annulment of her marriage to Pulido. The Imus RTC issued a decision dated October 25, 2007 declaring the marriage between Pulido and Baleda void for being bigamous; that ruling became final for lack of appeal.
The Las Piñas RTC, in a June 22, 2009 Decision, convicted Pulido of Bigamy and acquitted Baleda. The trial court found the 1983 marriage valid — it gave probative weight to the marriage certificate showing a license number and discounted civil registrar certifications that the license/applications could not be found. Pulido appealed. The Court of Appeals (CA), in a March 17, 2015 Decision (CA‑G.R. CR No. 33008), affirmed the conviction but modified the penalty; its August 18, 2015 Resolution denied Pulido’s motion for reconsideration. Pulido then filed a Rule 45 Petition for Review on Certiorari with the Supreme Court.
While the Rule 45 petition was pending, the RTC, Branch 22, Imus, Cavite rendered a November 27, 2015 judgment — made final May 11, 2016 — declaring the Pulido–Arcon marriage void ab ...(Pro-only)
Issues:
- Does Article 40 of the Family Code apply to this case where the prior marriage was contracted under the Civil Code and the subsequent marriage under the Family Code?
- May a judicial declaration of nullity of a prior marriage, as contemplated by Article 40, be invoked as a defense in a prosecution for Bigamy?
- If a judicial declaration of nullity is available, can a declaration obtained after the celebration of the second marriage constitut...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)