This case has been cited 2 times or more.
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2014-06-23 |
BERSAMIN, J. |
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| Considering that the accused's subsequent marriage to Josefa was an undisputed fact, the third element of bigamy was established. Nonetheless, he submits that his marriage to Josefa was invalid because of lack of a recorded judgment of nullity of marriage. Such argument had no worth, however, because it was he himself who failed to secure a judicial declaration of nullity of his previous marriage prior to contracting his subsequent marriage. In Tenebro v. Court of Appeals,[32] the Court has explained that "[s]ince a marriage contracted during the subsistence of a valid marriage is automatically void, the nullity of this second marriage is not per se an argument for the avoidance of criminal liability for bigamy. x x x A plain reading of [Article 349 of the Revised Penal Code], therefore, would indicate that the provision penalizes the mere act of contracting a second or subsequent marriage during the subsistence of a valid marriage."[33] The Court has further observed in Nollora, Jr. v. People:[34] | |||||
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2013-07-17 |
PERALTA, J. |
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| (4) That the second or subsequent marriage has all the essential requisites for validity.[33] | |||||