Case Digest (G.R. No. 207406)
Facts:
Norberto A. Vitangcol v. People of the Philippines, G.R. No. 207406, November 14, 2016, Supreme Court Second Division, Leonen, J., writing for the Court.Petitioner Norberto A. Vitangcol was charged by Information dated April 29, 2008 with the crime of bigamy under Article 349 of the Revised Penal Code for allegedly contracting a second marriage with Alice G. Eduardo on December 4, 1994 while still legally married to Gina M. Gaerlan, whose marriage to petitioner was evidenced by a marriage contract showing a July 17, 1987 solemnization. Petitioner was arraigned, pled not guilty, and trial followed.
The prosecution presented the marriage contract as proof of the prior marriage; the second marriage produced three children. The complainant (Alice) filed a criminal complaint after learning of petitioner’s prior marriage. Petitioner maintained the first marriage was a “fake marriage” and presented a Certification from the Office of the Civil Registrar of Imus, Cavite (dated March 19, 2008) stating no record could be found of Marriage License No. 8683519 allegedly issued in favor of petitioner and Gina. Petitioner also argued that the prosecution failed to prove an essential requisite of marriage (the license), and contended that judicial dissolution is not an element of bigamy.
Branch 25, Regional Trial Court (Manila) found petitioner guilty of bigamy in a Decision dated September 1, 2010 and sentenced him to six years and one day to twelve years of prision mayor. On appeal, the Court of Appeals in a Decision dated July 18, 2012 affirmed but modified the sentence under the Indeterminate Sentence Law to an indeterminate term of two years and four months of prision correccional (minimum) to eight years and one day of prision mayor (maximum); its denia...(Subscriber-Only)
Issues:
- Does a Certification from the local civil registrar that no record of a marriage license was found prove the nonexistence of the marriage license and thus negate the first element of bigamy?
- Is a judicial declaration of nullity of the first marriage required before a subsequent marriage may be contracted without incurring crim...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
- (Subscriber-Only)