G.R. No. 150758 - Tenebro vs. Court of Appeals

A marriage contract dated November 10, 1986 was solemnized at Manila City Hall before Rev. Julieto Torres and subsequently certified by the Office of the Civil Registrar of Manila.
Petitioner cohabited with Villareyes from 1984 to 1988 and sired two children.

On April 10, 1990, petitioner married Ancajas before Judge Alfredo B. Perez, Jr. of the City Trial Court of Lapu-lapu City.
The couple lived together until late 1991, when petitioner revealed his prior marriage, left Ancajas, and returned to Villareyes.

On January 25, 1993, petitioner contracted a third marriage with Villegas before Judge German Lee, Jr. of the Regional Trial Court of Cebu City, Branch 15.

Ancajas filed a complaint for bigamy; Information in Criminal Case No. 013095-L alleged a subsisting first marriage and a valid second marriage.
Petitioner pleaded not guilty, admitted cohabitation with Villareyes but denied any valid marriage ceremony, and presented certifications of no record.
On November 10, 1997, the RTC of Lapu-lapu City, Branch 54 convicted petitioner of bigamy under Art. 349 RPC, sentencing him to 4 years 2 months prision correccional (min.) to 8 years 1 day prision mayor (max.).
The Court of Appeals affirmed; petitioner’s motion for reconsideration was denied, prompting this petition for review.

Whether the evidence was insufficient to prove the existence and validity of petitioner’s first marriage to Villareyes.
Whether the subsequent judicial declaration of nullity of the second marriage on the ground of psychological incapacity retroacts to avoid criminal liability for bigamy.