Facts:

The case involves Veronico Tenebro as the petitioner and the Honorable Court of Appeals as the respondent. The events leading to this case began on April 10, 1990, when Tenebro married Leticia Ancajas in Lapu-Lapu City, officiated by Judge Alfredo B. Perez, Jr. They cohabited until late 1991, when Tenebro revealed to Ancajas that he had a prior marriage to Hilda Villareyes, which took place on November 10, 1986. Following this revelation, Tenebro left Ancajas to live with Villareyes. Subsequently, on January 25, 1993, Tenebro married Nilda Villegas in Cebu City. Upon learning of this third marriage, Ancajas confirmed Tenebro's first marriage with Villareyes through a letter from Villareyes. Ancajas then filed a complaint for bigamy against Tenebro, leading to Criminal Case No. 013095-L. The Information charged Tenebro with contracting a second marriage while still married to Villareyes, which was deemed unlawful under Article 349 of the Revised Penal Code. During the tria...

Facts:

Marriage to Leticia Ancajas

• Veronico Tenebro married Leticia Ancajas on April 10, 1990, in Lapu-lapu City.
• They lived together until 1991 when Tenebro revealed that he was previously married to Hilda Villareyes on November 10, 1986.
• Tenebro left Ancajas to cohabit with Villareyes.

Marriage to Nilda Villegas

• On January 25, 1993, Tenebro married Nilda Villegas in Cebu City.
• Ancajas, upon learning of the marriage, confirmed with Villareyes the validity of Tenebro’s marriage to her.

Criminal Charge for Bigamy

• Ancajas filed a complaint for bigamy against Tenebro.
• Tenebro denied the validity of his marriage to Villareyes, claiming no marriage ceremony took place and that he signed a marriage contract only for financial purposes.
• The prosecution presented a marriage contract between Tenebro and Villareyes and a handwritten letter from Villareyes confirming their marriage.

Trial Court Decision

• The Regional Trial Court convicted Tenebro of bigamy on November 10, 1997, sentencing him to 4 years and 2 months to 8 years and 1 day of imprisonment.
• The Court of Appeals affirmed the decision.

Judicial Declaration of Nullity of Second Marriage

• Tenebro’s marriage to Ancajas was declared null and void ab initio on the ground of psychological incapacity by the Regional Trial Court of Argao, Cebu, in Civil Case No. AV-885.

Issue:

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Ruling:

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Ratio:

1. Elements of Bigamy: For the crime of bigamy under Article 349 of the Revised Penal Code, the following elements must be present:

   • The offender has been legally married.
   • The first marriage has not been legally dissolved.
   • The offender contracts a second or subsequent marriage.
   • The second marriage has all the essential requisites for validity.

2. Retroactivity of Judicial Declaration of Nullity: The Court ruled that the judicial declaration of nullity of a marriage on the ground of psychological incapacity does not retroact to the date of the celebration of the marriage concerning penal laws. A second marriage contracted during the subsistence of a valid marriage is automatically void, and its subsequent declaration of nullity does not exempt the offender from criminal liability for bigamy.

3. Policy Considerations: The Court emphasized the sanctity of marriage and the State’s interest in protecting the institution. Allowing the retroactive effect of a nullity declaration would render the penal laws on bigamy ineffective and encourage the deliberate contracting of multiple marriages.

4. Legal Effects of Void Marriages: While a marriage declared void ab initio has no binding effect on the parties, it still produces legal consequences, including criminal liability for bigamy.

The Court affirmed Tenebro’s conviction and sentenced him to an indeterminate penalty of 4 years and 2 months of prision correccional, as minimum, to 8 years and 1 day of prision mayor, as maximum.